K.P.Muthusamy vs K.M.Palanisamy Goundar
2023 Latest Caselaw 12614 Mad

                                                                                 C.M.P.No.8401 of 2021in
                                                                              C.M.A.S.R.No.14820 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 15.09.2023

                                                           CORAM :

                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                                 C.M.P.No.8401 of 2021
                                                          in
                                              C.M.A.SR.No.148520 of 2019
                     K.P.Muthusamy                                                     ... Appellant

                                                     Vs.

                     K.M.Palanisamy Goundar                                           ...Respondent


                     PRAYER in C.M.P.No.8401 of 2021: This Civil Miscellaneous Petition is filed

                     under Section 5 of the Limitation Act, to excuse the delay of 232 days in filing the

                     above Civil Miscellaneous Appeal.

                     PRAYER in C.M.A.SR.No.148520 of 2019: This Civil Miscellaneous Appeal is

                     filed under Order 43 Rule 1 read with Section 104 of CPC, to set aside the order

                     of the Court of the Principal District Judge, Tiruppur dated 15.04.2019 in

                     E.A.No.197 of 2018 in E.P.No.81 of 2016 in APC.No.1/2014.

                                        For Appellant         : Mr.N.Thiagarajan



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https://www.mhc.tn.gov.in/judis
                                                                                      C.M.P.No.8401 of 2021in
                                                                                   C.M.A.S.R.No.14820 of 2021

                                                                                     SUNDER MOHAN, J.
                                                                                                   nr
                                                           JUDGMENT

This civil miscellaneous petition has been filed to excuse the delay of 232

days in filing the above Civil Miscellaneous Appeal.

2. Though the sole respondent is died as early as in the year 2021, the

appellant is yet to take steps to bring the legal heirs on record.

3. In view of the above, the civil miscellaneous petition is dismissed as

abated and the civil miscellaneous appeal is rejected in SR stage itself.

15.09.2023

Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No nr

C.M.P.No.8401 of 2021 in C.M.A.SR.No.148520 of 2019

https://www.mhc.tn.gov.in/judis