SECOND APPEAL 1773 of 1996 on 13 September 1996

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTCivil Appellate Jurisdiction Tuesday, the Twenty Sixth day of September Two Thousand and Twenty ThreePRESENT

The Hon`ble Mr.Justice KRISHNAN RAMASAMY

MP(MD)Nos.1 to 3 of 2013

inSA. No.1773 of 1996 and AND

MP(MD)Nos.1 to 3 of 2013

in

CRP(MD)No.2247 of 2011

1.S.V.Swaminathan (Died)

2.S.Rathinam

3.K.Sewika

4.V.S.Sandeep

... Petitioners/ Proposed Appellants

( same in all MP's) in SA 1773 of 1996

and CRP(MD) 2247 of 2011

Vs

1 C.Chinnathai

2 Ochammal

3 Chinnachamy (Died)

4 S.V.Chinnamayan (Died)

5 Saraswathi (Died)

6 C. Gandhiammal

7 C. Latha

8 C. Raja

9 C. Venkateswari

10 C. Valarmathi

11 C. Pownmani

12 Minor C. Suganya

13 Minor C. Sangeetha

14 Minor C. Vijayaraj

( Minor Respondents 12 to 14 are Represented by their mother and naturalguardian and next friend 11[th] Respondent herein )

15 M. Muthusamy (Died)

16 M. Ramesh

17 R. Pothumani

18 J. Karthika

19 A. Arulmozhi

20 C.Malarvizhi

21 K. Kayalvizhi

22 E. Malathi

( Respondents 2,3,7,8,9, 10 to 13,15, 22 are Exparte in Lower Court in IA No.31/2010Hence Notice dispense with )

... Respondents/Respondents in MP(MD)1 to 3/2013

in SA NO.1773/1996 :

1. E.Malathi

2. C.Chinnathai

3. Ochammal

4. C.Gandhiammal

5. C.Latha

6. C.Raja

7. C.Venkateswari

8. C.Pownmani

9. Minor C.Suganya

10.Minor C.Sangeetha

11.Minor C.Vijayaraj (Minors R9 to 11 are Rep by Their Mother & NaturalGuardian & Next Friend 8[th] Respondent Herein)Guardian & Next Friend 8[th] Respondent Herein)

12. M.Ramesh

13. R.Pothumani

14. J.Karthika

15. A.Arulmozhi

16. C.Malarvizhi

17.K.Kayalvizhi,

... (Respondents 2 to 7, 9 to 11, 17 are exparte in Lower Court in

I.A No.31/2010 Hence notice dispese with )

...Respondents/Respondents

in MP(MD)Nos. 1 to 3 / 2013 in CRP(MD).2247/2011

Prayer in MP(MD). 1/ 2013 in SA.NO.1773/1996 :

Civil Miscellaneous Petition filed under order 22 Rule 3 of CPC To pass suitable orders to bring on record the petitioners 2 to 4 herein as legal heirs of the deceased sole appellant Late S.V. Swaminathan in the above S.A. No. 1773/96.

Prayer in MP(MD). 2/ 2013 in SA.No.1773/1996 :

Civil Miscellaneous Petition filed under Section 5 of Limitation of CPC To condone the delay of 250 days in the matter of bringing on record legal heirs of teh deceased sole appellant Late S.V. Swaminathan in S.A. No. 1773/1996.

Prayer in MP(MD). 3/ 2013 in SA.1773/1996 :

Civil Miscellaneous Petition filed under order 22 Rule 9 of CPC To passsuitable orders to set aside of the abatement caused due to the death of the soleappellant Late S.V. Swaminathan in SA No. 1773/1996.

Prayer in SA. 1773/ 1996 :

Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 13.09.1996 made in AS.No.57 of 1993 on the file of the Principal District Judge , Madurai confirming the Judgment and decree dated 24.04.1992 made inhttps://www.mhc.tn.gov.in/judis

O.S.No.71 of 1985 on the file of the Subordinate Judge of Periyakulam, Madurai District.

Prayer in MP(MD). 1/ 2013 in CRP(MD).2247/2011 :

Civil Miscellaneous Petition filed under Section 5 of Limitation of CPC To condone the delay of 250 days filing in the matter of bringing on record legal heirs of the deceased sole petitioner Late. S.V.Swaminathan in CRP.(MD).No.2247/2011.

Prayer in MP(MD). 2/ 2013 in CRP(MD).2247/2011 :

Civil Miscellaneous Petition filed under order 22 Rule 9 of CPC To set aside of the abatement caused due to the death of the sole petitioner Late. S.V.Swaminathan in CRP.(MD).No.2247/2011.

Prayer in MP(MD). 3/ 2013 in CRP(MD).2247/2011 :

Civil Miscellaneous Petition filed under order 22 Rule 3 of CPC To bring on record the Petitioners 2 to 4 herein as legal heirs of the deceased sole petitioner Late

S.V.Swaminathan in the above CRP.(MD).No.2247/2011.

Prayer in CRP(MD). 2247/ 2011 :

To set aside the fair and decreetal order dated 22/06/2011 made inIA.no.31/2010 in OS.No.71/1985 on the file of the Subordinate Judge, Periyakulamand allow this Revision Petition and thus render justice.

ORDER:- These Petitions coming on for orders on this day and upon perusing thepetition and the affidavit filed in support thereof and upon hearing the arguments ofNone appear for Petitioner either in person or by an Advocate for the Petitioner ( inall MP's ) and of Mr.C.Jeganathan Advocte for the 1[st] Respondent in MP(MD)Nos. 1to 3 in SA No.1773/1996 and 2[nd] Respondent in MP (MD) Nos. 1 to 3 in CRP (MD)2247/2011 and of Mr.M.C.Swamy Advocate for the 2[nd] Respondent in MP(MD)Nos. 1 to 3 in SA No.1773/1996 and of Mr. S.Vellaisamy Advocate for the 3[rd]Respondent in MP (MD) Nos 1 to 3 in SA No.1773/1996 , this Court made thefollowing order:

None appeared for the petitioners.

2. The learned counsel appearing for the respondents in the Second Appealwould submit that the present dispute relates to partition. He would further submitthat final decree proceedings were concluded and EP is pending.

3. These applications were filed in the year 2013. However, the petitionershave not come forward to proceed with the petitions, which shows that they haveno interest to prosecute the same. In view of the same, all the MiscellaneousPetitions are dismissed for non-prosecution.

// True Copy //

Sd/-

Assistant Registrar (CS-I)

TO

/10/2023Sub Assistant Registrar(CS)

1. The Principal District Judge Madurai

2. The Subordinate Judge Periyakulam.

Copy to:

The Section Officer,

V.R Section,

Madurai Bench of Madras High Court,

Madurai.

+1 CC to M/S.G.RAJARAMAN, Advocate (SR-44514, dated 26/09/2023)

ORDER DATED : 26/09/2023

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