Mariyammal (Died) v. K.Ramasamy,S/O.Karuppana
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Twenty Fifth day of November Two Thousand and Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) Nos.11315 to 11317 of 2016 IN SA Nos.997 to 999 of 2004 1 MARIYAMMAL (DECEASED 1ST APPELLANT) 2.SUBRAMANI 3 JAYARAM 4 NATARAJAN 5 BARATHI 6 B.PRADEEP 7 PRIYANGA 8 RAJARAM 9 RAJALAKSHMI ...PETITIONERS/APPELLANTS IN ALL THE PETITIONS.
Vs 1 K.RAMASAMY 2 THIYAGARAJAN 3 R.SAKTHIVEL ...RESPONDENTS 1 TO 3 IN CMP(MD)NO.11315 AND 11317/2016 4 PONNUSAMY ...4TH RESPONDENT IN CMP(MD)NO.11315 OF 2016 5 KRISHNAN ...4TH RESPONDENT IN CMP(MD)NO.11317 OF 2016 ...5TH RESPONDENT IN CMP(MD)NO.11315 OF 2016 6 TAMILSELVI ...5TH RESPONDENT IN CMP(MD)NO.11317 OF 2016 7 SARADHA 8 CHANDRA ...RESPONDENTS 6 TO 8 IN CMP(MD)NO.11315 OF 2016 ...RESPONDENTS 5 TO 7 IN CMP(MD)NO.11317 OF 2016 ...RESPONDENTS 1 TO 3 IN CMP(MD)NO.11316 OF 2016 Prayer in CMP(MD)Nos.11315 to 11317 of 2016:
Civil Miscellaneous Petition filed under Order 41, Rule 19 of CPC, praying that in the circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to restore
the above S.A.No.997, 998 and 999 of 2004 which was dismissed on 09/11/2011 in respect of 7th respondent in CMP(MD)No.11315/16, respondents 1 to 2 in CMP(MD)No.11316/2016, 6th respondent in CMP(MD) No.11317/2016.
Prayer in SA No.997/2004:
Second Appeal filed under Section 100 CPC against the Judgement and Decree dated 30.12.2003 in A.S.No. 51 of 1998 on the file of Sub Court, Palani confirming the Judgment and Decree dated 16.09.1998 in O.S.No. 199 of 1996 on the file of the District Munsif Cum Judicial Magistrate Court, Kodaikanal.
Prayer in SA No.998/2004:
Second Appeal filed under Section 100 CPC against the Judgement and Decree dated 30.12.2003 in A.S.No. 52 of 1998 on the file of Sub Court, Palani confirming the Judgment and Decree dated 16.09.1998 in O.S.No. 200 of 1996 on the file of the District Munsif Cum Judicial Magistrate Court, Kodaikanal.
Prayer in SA No.999/2004:
Second Appeal filed under Section 100 CPC against the Judgement and Decree dated 30.12.2003 in A.S.No. 50 of 1998 on the file of Sub Court, Palani confirming the Judgment and Decree dated 16.09.1998 in O.S.No. 172 of 1996 on the file of the District Munsif Cum Judicial Magistrate Court, Kodaikanal.
ORDER:These petitions coming on for hearing on this day, upon perusing the petition and the affidavit filed in support thereof on the file of the High Court and upon hearing the arguments of M/S.A.GANDHI, Advocate for the petitioner and MR.A.HARIHARAN, Advocate for Respondents 1 to 6 and MR.D.PANDIYARAJAN, Advocate for Respondents 7 & 8 in CMP(MD)No. 11315/2016 and MR.D.PANDIYARAJAN, Advocate for respondents 2 and 3 in CMP(MD)No. 11316/2016 and MR.A.HARIHARAN, Advocate for respondents 1 &5 and MR.D.PANDIYARAJAN, Advocate for respondents 6 & 7 in CMP(MD)No. 11317 /2016 this court
made the following order:- Having been satisfied with the reasons assigned in the affidavit filed in support of the Miscellaneous Petitions and also the submissions made by the learned Counsel for the petitioners/appellants as well as the learned counsel appearing for the respondents, these petitions are ordered and the second appeals in S.A.Nos.997 to 999 of 2004 are restored to file. Sd/- Assistant Registrar(AS) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SUBORDINATE JUDGE, PALANI, 2 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KODAIKANAL.
ORDER DATED: 25/11/2016 HEARING DATE:28/11/2016
ORDER
CMP(MD)Nos.11315 to 11317 of 2016 IN SA Nos.997 to 999 of 2004 Restoring the Second Appeals and giving directions etc., as stated within.
AM/MPA/SAR-3/25.11.2016/3P/3C