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Madras High CourtCMP(MD)/4300/2019allowed

Minor.Vasuki, v. Vairam,

2019-04-29Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Twenty Ninth day of April Two Thousand and Nineteen

CORAM:

The Hon.ble Mrs.Justice J.NISHA BANU CMP(MD). NoS.4300 and 4301 of 2019 in SA(MD)SR.Nos.23275 AND 23278 of 2010 MINOR.VASUKI, REP.BY MOTHER & GUARDIAN KANNE PA PA ... Appellant/4th Respondent/2nd Defendant in CMP(MD) No.4300 of 2019 ...Appellant/1st Respondent/1st Plaintiff in CMP(MD) No.4301 of 2019 Vs 1 CHELLADURAI 2 VAIRAM 3 ARUMUGAM MURUGESAN (DIED) 4 KAMARAJ 5 MUTHANNA NATTAR 6 MANICKAM SETHURAYAR 7 MALARVIZHI 8 MANOHAR

...Respondents/3rd Respondent /Appellants 5,7 to 11/Respondents/

3rd Plaintiff,1,3,5,6 Lrs of the 2nd Plaintiff in CMP(MD).Nos.4300 of 2019 1 VAIRAM NACHARAMMAL (DIED) KUMUDAVALLI (DIED) 2 ARUMUGAM, MURUGESAN (DIED) 3 KAMARAJ, 4 MUTHANNA NATTAR,

5 CENTRAL CO-OPERATIVE BANK LTD. SRIRANGAM REP BY ITS MANAGER HAVING HIS OFFICE AT SRIRANGAM TIRUCHIRAPALLI-6. 6 INDIAN OVERSEAS BANK, LALGUDI, REP.BY ITS MANAGER HAVING HIS OFFICE AT SRIRANGAM TIRUCHIRAPALLI-6.

7 INDIAN OVERSEAS BANK, THIRUVANAIKOVIL REP.BY ITS MANAGER HAVING OFFICE AT THIRUVANAIKOIL TIRUCHIRAPALLI-5.

8 INDIAN BANK, MARKET BRANCH, REP.BY ITS MANAGER HAVING OFFICE AT GANDHIMARKET TIRUCHIRAPALLI-8.

9 SELLADURAI, 10 MANICKAM SETHURAYAR 11 MALARVIZHI 12 MANOHAR

...Respondents/Appellants 4,6 to 15/Respondents/1st

Defendant/Defendants 4, 6 to 15 in CMP(MD).Nos.4301 of 2019 Prayer in CMP(MD). NoS.4300 and 4301 of 2019 :- Civil Miscellaneous Petitions are filed under Order 41 Rule 19 of Civil Procedure Code, praying this Hon'ble Court to pass an order restoring the appeal which was in S.R.Stage in SA(MD)S.R.Nos.23278 and 23275 of 2010 which was dismissed for default on 08.02.2017 respectively.

Prayer in SA(MD).Nos.23275 AND 23278 of 2010 : Second Appeal are filed under section 100 of Civil Procedure Code, praying this Hon'ble Court against the decree and judgment dated 30.10.2009 passed in A.S.Nos.281 and 280 of 2008 made by the Principal District Judge, Trichriappalli reversing the judgement and decree dated 28.09.2000 made in O.S.Nos.686 and 527 of 1990 made by the Subordinate Judge, Trichirappalli respectively. ORDER:- Civil Miscellaneous Petitions are coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. S.K.MANI, Advocate for the Petitioner, Mr. G.SRIDHAR FOR R3 and of Mr. L.S.M.Mohamed Kadar, Advocate for the 8th Respondent, this Court made the following order:

Heard.

These Petitions have been filed by the petitioners seeking to restore SA(MD).Nos.23275 and 23278 of 2010 on file, which were

dismissed for default on 08.02.2017.

Being satisfied with the reasons stated in the affidavit filed in support of the petitions, these petitions are allowed and SA (MD).Nos.23275 AND 23278 of 2010 are restored to file. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) TO 1 The Principal District Judge, Trichriappalli 2 The Subordinate Judge, Trichirappalli Copy to The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 29/04/2019 ========================= RESTORED ========================== CMP(MD). NoS.4300 and 4301 of 2019 in SA(MD)SR.Nos.23275 AND 23278 of 2010 Giving direction and etc.

as stated within.

KK/SAR/03.05.2019/ 3P- 4C