J.Jayapandi, v. Pushpaleelavathi (Died),2).A.Sundar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Thirteenth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice R. KALAIMATHI in SA(MD)No.577 of 2013 J.Jayapandi, ... Petitioner/Appellant (in all cases) Vs 1 Pushpaleelavathi (Died) ... Sole respondent(in all cases)

2 A.Sundar, ... 2nd Respondent/ Proposed 2nd Respondent(in all cases) Prayer in CMP(MD). 9961/ 2022 :- Civil Miscellaneous petition filed under Section 5 of Limitation Act to condone the delay of 544 days in filing the above application to set aside the abatment casused due to the death of the sole respondent viz., pushpaleelavathi in the above second appeal and pass such further or other orders, as this Court. Prayer in CMP(MD). 9962/ 2022 :- Civil Miscellaneous petition filed under Section 5 of Limitation Act to set aside the abatment caused due to the death of the deceased sole respondent viz., Pushpaleelavathi in the above Second Appeal in S.A(MD).No.577 of 2013 and pass such further or other orders, as this Honble Court may deems fit and proper in the circumstances of the case. Prayer in CMP(MD). 9965/ 2022 :- Civil Miscellaneous petition filed under Section 5 of Limitation Act to bring on record the 2nd respondent herein as the legal heirs of deceased sole respondent viz., Pushpaleelavathi and rank him as 2nd respondent in the above Second Appeal in S.A(MD).No.577 of 2013 . Prayer in SA(MD). 577/ 2013 : Second Appeal under section 100 of Civil Procedure Code praying this court to prefer this memorandam of Second Appeal against the judgement and decree dated 07/08/2012 passed in AS.No.6 of 2012 on the file of Learned 2nd Additional District Judge,Thoothukudi confirming the judgement and decree dated 19.10.2011 passed in O.S.No.160 of 2010 on the file of the Principal District Munsif-Cum-Judicial Magistrate,Tiruchendur.

ORDER:- This Petition coming on for orders on this day under the caption for "Notice Section default cases"and upon perusing the petition and affidavit filed in support,this court having granted on or before 04.01.2024,for compliance of the defects, as condition precedent and the said Advocate,not having complied with the said direction of this court,it is ordered that the Petition do stand dismissed against the Respondent no.2. Sd/- Assistant Registrar (CS-I) // True Copy // /03/2024 Sub Assistant Registrar (CS-I / II / III / IV) TO

1.The 2nd Additional District Judge, Thoothukudi.

2.The Principal District Munsif - Cum-Judicial Magistrate, Tiruchendur. Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. ORDER DATED : 13/12/2023 ==========================

ORDER ==========================

in

SA(MD)No.577 of 2013 Giving direction and etc. as stated within.

RD(26/03/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.