S.Gurusamy vs Chellammal
2024 Latest Caselaw 17228 Mad

Madras High Court

S.Gurusamy vs Chellammal on 2 September, 2024

Author: B.Pugalendhi

Bench: B.Pugalendhi

                                                         CMP(MD) Nos.8750 & 8751 of 2017 in
                                                       S.A.(MD)SR Nos.34203 & 34197 of 2017

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 02.09.2024

                                                   CORAM

                                  THE HON`BLE MR.JUSTICE B.PUGALENDHI

                                      C.M.P.(MD).Nos.8750 & 8751 of 2017
                                                      in
                                     S.A.(MD).Nos.SR34203 & 34197 of 2017


                     1.S.Gurusamy
                     2.Pappammal
                     3.R.Murugan
                     4.R.Vijaya
                     5.R.Rajalakshmi
                     6.R.Kala
                     7.R.Sarasu
                     8.R.Balu
                     9.Nagammal
                     10.R.Susila
                     11.R.Indirani
                     12.R.Shanthi
                     13.R.Chithira                             ... Petitioners/appellants
                                                                   in both CMPs

                                                     Vs

                     1.Chellammal
                     2.Lakshmi                                ... Respondents in
                                                                       both CMPs


                     1/5
https://www.mhc.tn.gov.in/judis
                                                           CMP(MD) Nos.8750 & 8751 of 2017 in
                                                         S.A.(MD)SR Nos.34203 & 34197 of 2017

                     COMMON PRAYER in C.M.P(MD).Nos.8750 & 8751 of 2017:
                     Civil Miscellaneous Petitions are filed under Section 5 of the
                     Limitation Act to condone the delay of 1102 days in filing the above
                     second appeals.


                     COMMOM PRAYER in S.A.(MD)SR.Nos.34203 & 34197 of
                     2017: Second Appeals filed under Section 100 of the Civil
                     Procedure Code, as against the judgment and decree, dated
                     21.04.2014 made in A.S.No.3 of 2012, on the file of the Additional
                     District Court, Dindigul, reversing the judgment and decree, dated
                     28.11.2011, on the file of the Principal Sub court, Dindigul.


                                  For Appellants   : No appearance
                                  For R1 and R2    : Mr.S.Anand Chandra Sekar


                                          COMMON ORDER

C.M.P(MD)Nos.8750 & 8751 of 2017 have been filed to

condone the delay of 1102 days in filing the second appeals in S.A.

(MD)SR.Nos.34203 & 34197 of 2017.

https://www.mhc.tn.gov.in/judis CMP(MD) Nos.8750 & 8751 of 2017 in S.A.(MD)SR Nos.34203 & 34197 of 2017

2. The defendants 1, 3 to 14 in O.S.No.183 of 2007 are

intending to file the above second appeals. When these applications

were taken up for consideration on 07.06.2024, there was no

representation for the petitioners/appellants. Therefore, these

applications were directed to be listed under the caption ''for

dismissal'' on 09.07.2024. On 09.07.2024, a representation was made

that the first appellant is dead and therefore, for taking necessary

steps to implead his legal heirs, this Court posted the matter on

05.08.2024. On 05.08.2024, there was no representation for the

appellants and therefore, it was once again listed on 06.08.2024,

under the caption ''for dismissal''. On that day, a representation was

made on behalf of the petitioners/appellants through a counsel, by

name, Mr. Vinoth Sathya Lazar that he has entered appearance for

the petitioners/appellants, however, his Vakalat was returned by the

Registry and therefore, he sought time for re-presenting the Vakalat.

Once again, these matters were ordered to be listed today under the

caption ''for dismissal''.

https://www.mhc.tn.gov.in/judis CMP(MD) Nos.8750 & 8751 of 2017 in S.A.(MD)SR Nos.34203 & 34197 of 2017

3.Even today(02.09.2024), there is no representation for

the petitioners/appellants. Though it is reported on 09.07.2024 that

the first appellant died, the appellants have not taken any steps to

implead the legal heirs of the deceased first appellant, even after

providing sufficient opportunity to them.

4.In view of the above, these Civil Miscellaneous

petitions are dismissed. Consequently the second appeals are

rejected at the SR stage itself. No costs.

02.09.2024

Index : Yes/No Internet: Yes/No vrn

To

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis CMP(MD) Nos.8750 & 8751 of 2017 in S.A.(MD)SR Nos.34203 & 34197 of 2017

B.PUGALENDHI,J

vrn

Judgment made in C.M.P.(MD).Nos.8750 & 8751 of 2017 in S.A.(MD).Nos.SR34203 & 34197 of 2017

02.09.2024

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