Madras High Court
Sasikumari Thangachi vs Nagamani Nadar on 4 July, 2023
M.P(MD)No.1 of 2011
in
S.A.No.2111 of 2002
P.VELMURUGAN,J
This application has been filed to condone the delay of 1501 days
in filing the petition to restore the petition to bring on record the legal
representatives of the deceased sole respondent in the above second
appeal in M.P(MD)No.1 of 2006.
2. Originally, the petitioner has filed a petition in M.P(MD)No.1 of
2006 to bring on record the respondents 1 to 4 as the legal heirs of the
deceased sole respondent and rank them as respondents 2 to 5 in the
second appeal. In that application, notice was ordered on 12.10.2006,
but the petitioner did not pay the batta, therefore, the said petition was
dismissed for default on 27.04.2007. Thereafter, the petitioner has filed
the present petition in M.P(MD)No.1 of 2011 to restore the M.P(MD)No.
1 of 2006 with the delay of 1501 days.
3. Heard the learned counsel appearing for the petitioner and the
respondents. The respondents filed counter.
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4. Admittedly, sole respondent in the appeal died on 11.08.2006
itself . Though the petitioner has filed the petition to implead the legal
representatives of the deceased in time, but however, it is the duty of the
petitioner to pay the batta to the proposed respondents, he knew very
well about the death of the sole respondent, but he has not paid the batta.
Even for four years he did not take any steps to retore the petition, but he
has filed a petition only in the year 2011. The reasons stated in the
accompanying affidavit is not satisfied since the petition in M.P(MD)No.
1 of 2006 was dismissed for non-payment of batta. The petitioner very
well aware of the dismissal, but he did not take any steps till 2011 and he
has filed a petition with delay of 1501 days. Therefore, the explanation
given by the petitioner is not acceptable. Hence, this application is
dismissed.
04.07.2023
am
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P.VELMURUGAN.,J
am
M.P(MD)No.1 of 2011
in
S.A.No.2111 of 2002
04.07.2023
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.07.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
S.A.No.2111 of 2002
1.Sasikumari Thangachi
2.Santha Thangachi
3.Balakrishnan Nair ... Appellants
Vs.
Nagamani Nadar ...Respondent
PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
Code, against the judgment and decree, dated 10.04.2002 passed by the
Sub-Court, Padmanabhapuram in A.S.No.62 of 1981 confirming the
judgment and decree, dated 10.04.1980 passed by the Principal District
Munsif, Padmanabhapuram in O.S.No.511 of 1979.
For Appellant : Mr.P.Thiagarajan
For Respondent : Mr.K.N.Thambi
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JUDGMENT
It is seen from the records that the sole respondent died on
11.08.2006. The appellants have filed the petition in M.P(MD)No.1 of
2006 to bring on record the legal representatives of the deceased sole
respondent, but they have not paid the batta, therefore, that petition was
dismissed on 27.04.2007. Thereafter, they have filed a petition in
M.P(MD)No.1 of 2011 to retore the M.P(MD)No.1 of 2006 with the
delay of 1501 days. When the M.P(MD)No.1 of 2011 taken up for
hearing today I.e., on 04.07.2023, this Court dismissed the said petition
on the ground that the reasons stated in the accompanying affidavit are
not satisfied.
2. In view of the above, the second appeal is dismissed as abated
since sole respondent died steps not taken. No costs.
Index : Yes / No
Speaking Order : Yes / No 04.07.2023
am
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To
1.The Sub-Court,
Padmanabhapuram.
2.The Principal District Munsif,
Padmanabhapuram.
3. The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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P.VELMURUGAN, J.
am
S.A.No.2111 of 2002
04.07.2023
https://www.mhc.tn.gov.in/judis
