Madras High CourtCMP(MD)/12151/2017ordered

K.Govindarajan(Died), v. S.Indirani,

2018-01-09Honourable Mrs Justice S. Ramathilagam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of January Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice S.RAMATHILAGAM CMP(MD) No.12151 of 2017 IN SA No.1225 of 2004 1 K.GOVINDARAJAN(DIED) 2 G.TAMILARASI 3 MANIVANNAN 4 MOHANRAJ 5 ARIVAZHAGAN ... PETITIONERS/PROP. 2 TO 5 APPELLANTS/ L.Rs. SOLE APPELLANT Vs 1 S.INDIRANI 2 R.SHANTHI 3 D.JAYA 4 S.MALLIKA 5 S.JAYAKUMAR 6 S.SELVAKUMAR 7 S.VETRIMANI 8 JAYALAKSHMI @ GRACE XAVIER 9 NEPOLEON 10 JACQUILENE 11 P.DEVIKA 12 MINOR PORSHIA ... RESPONDENTS/RESPONDENTS (REP. BY GUARDIAN P.DEVIKA) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order of dismissal of the above SA.No.1225 of 2004 and restore the same on the file of this Honourable Court. Prayer in SA. 1225/ 2004 :

Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree of the Court of Principal District Judge, Thanjavur, passed in A.S.No.53 of 2003, dated 28.11.2003, whereby confirming the Judgment and Decree of the Court of the District Munsif, Thanjavur, passed in O.S.No.221 of 1985, dated 31.01.2003 ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.ANAND, Advocate for the petitioners the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

This petition is filed to set aside the order of dismissal of the above Second Appeal and restore the same on the file of this Court.

2. Heard the learned counsel appearing for the petitioner/appellant.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on payment of cost of Rs.1,000/- (Rupees One Thousand only) to the Legal Services Authority attached to this Court, within a week from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically, without any further reference to this Court.

sd/- 09/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT JUDGE, THANJAVUR.

2 THE DISTRICT MUNSIF, THANJAVUR Copy to THE OFFICER-IN-CHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.12151 of 2017 IN SA No.1225 of 2004 Date :09/01/2018 MKV-PM-PN-SAR 3/17.1.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/