SECOND APPEAL 25 of 2004 on 4 December 2002

S.A.No.25 of 2004

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )Monday, the Nineteenth day of June Two Thousand and Twenty Three PRESENTThe Hon`ble Mr.Justice P.VELMURUGANC.M.P(MD)Nos.1 to 3 of 2007 inS.A.No.25 of 2004

G.ANANTHAM PILLAI(SOLE APPELLANT SINCE DECEASED)BY HIS LEGAL HEIRS1 REJENDRAN2 KANNAN3 SANKAR4 SEKAR...PETITIONERS/PROPOSED APPELLANTSIN ALL CASES

Vs

KOTTAR VANIGA VAISIYASAMUTHAYA TRUST,REPRESENTED BY ITS MANAGING TRUSTEE,VANIGAR STREET,KOTTAI, VADIVEESWARAM VILLAGE,AGASTEESWARAM TALUK,KANYAKUMARI DISTRICT. ... RESPONDENT/RESPONDENTIN ALL CASES

Prayer in C.M.P(MD)No.1 of 2007 Petition filed praying that in the circumstances statedtherein and in the affidavit filed therewith the High Court may bepleased to condone the delay of 662 days in filing the petition toset aside the abatement as against the deceased sole appellant whodied on 07.12.2004, in the above second appeal SA No.25 of 2004.Prayer in C.M.P(MD)No.2 of 2007:To set aside the abatement as against the deceased soleappellant in the above second appeal in SA No.25 of 2004.

Prayer in C.M.P(MD)No.3 of 2007:To bring on record the proposed appellants 1 to 4 herein as thelegal representatives of the deceased sole appellant G.AnanthamPillai and rank them as appellants 2 to 5 in the above Second Appealhttps://www.mhc.tn.gov.in/judisSA No.25 of 2004.

PRAYER IN S.A.No.25 of 2004:To prefer this memorandum of Second Appeal against the Judgmentand decree in A.S.NO.51/2002 on the file of Additional DistrictJudge Kanyakumari at Nagercoil dated 04.12.2002 in confirming theJudgement and Decree in O.S. 503/1989 on the file of the IIAdditional District Munsif, Nagercoil dated 12.02.2002.

ORDER : These petitions coming up for orders on this day, uponperusing the petitions and the affidavit filed in support thereofand upon hearing the arguments of M/S.S.RAMESH, Advocate for thepetitioners in all Mps, the court made the following order:- One of the petitioner's counsel Mr.V.Lakshminarayanan has beenelevated as Hon'ble Judge of this Court and hence, the Registry isdirected to remove the said name from the list.

2.The Additional Registrar General is directed to issue memo tothe staffs/officers, who is mistakenly printing the Hon'ble Judgename in the place of counsel on record without verification and non-application of mind. Further instead of sending notice to therespondents wrongly printed the name of Mr.V.Ragavachari for therespondents 2 to 5, who is already appeared on behalf of theappellant.

3.Issue notice to the respondents returnable by three weeks.Private notice is also permitted. Batta in three days. If batta isnot paid within three days, these applications shall stand dismissedautomatically without further reference to this Court. In case,batta paid within three days, if it is otherwise in order, theRegistry is directed to proceed with the same on the same day itselfwithout any further delay.

4.Learned counsel for the petitioners is directed to file theproof of service of the private notice on or before 12.07.2023.List the matter on13.07.2023.

sd/-

19/06/2023

/ TRUE COPY /

03/07/2023

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

am

TO

1.THE ADDITIONAL REGISTRAR GENERAL,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

S.A.No.25 of 2004

2 THE SECTION OFFICER, ESTABLISHMENT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.