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2020 DAILYLAW 2866 (MAD)

SAMUEL DURAI SINGH v. RAJA RATHINAM (died)

CMP(MD)/3150/2020 · 2026-07-20

T V Thamilselvi

Transfer Petitionbody2020

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP(MD)No.3150 of 2020 in SA(MD)SR.No.14856 of 2020 T.V.THAMILSELVI, J., This petition is filed to condone the delay of 34 days in filing the above second appeal to set aside the decree and judgment dated 25.09.2019 made in A.S.No.13 of 2016, by the Principal Subordinate Judge, Tirunelveli and to restore the decree and Judgment dated 24.06.2015 made in O.S.No.613 of 2011 by the Principal District Munsif, Tirunelveli. 2.The learned counsel for the appellants filed a memo dated 08.07.2024 stating that the second respondent, namely, Thayammal, died on 23.05.2024 and that the legal heirs of the second respondent are already on record as respondents 3 to 5 in the second appeal. The said memo is recorded. 3.It is seen from the records that the notice served on the fourth respondent was returned with the endorsement, “Refused”. Since notice has been served on the respondents 5 and 6, there is no appearance on their behalf. 1/2 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J., sji 4.Mr.R.J.Karthick, learned counsel for the third respondent has raised formal objection to this petition. 5.The reasons stated in the affidavit filed in support of this petition, are satisfactory and the delay is only 34 days. Hence, this Petition is allowed and the delay of 34 days is hereby condoned. 6.Registry is directed to number the second appeal, if it is otherwise in other and list the appeal “for admission”. 20.07.2026 sji CMP(MD)No.3150 of 2020 in SA(MD)SR.No.14856 of 2020 2/2 https://www.mhc.tn.gov.in/judis