Madras High CourtCMP(MD)/1806/2023allowed on condition

Sundararajan, v. 1. Shanmugavelsami (Died) 2.Mariammal

2023-06-08Honourable Mr Justice P.Velmurugan2 pages

CMP(MD) No.1806 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Sixteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.1806 of 2023 IN SA(MD) No.232 of 2005 SUNDARARAJAN, ... PETITIONER/APPELLANT Vs

1. SHANMUGAVELSAMI (DIED) ...1st RESPONDENT

2. MARIAMMAL, ...2nd RESPONDENT/2nd RESPONDENT 3 RANI 4 MURUGANANTHAM 5 SANKAR (DIED ON 21.09.2017) ...5th RESPONDENT 6 BOOMA ...3, 4 & 6 RESPONDENTS/RESPONDENTS 3,4&6 7 SHANMUGAVALLI 8 SENTHUR 9 SURYA PRAKASH ...RESPONDENTS 7 TO 9/ PROPOSED RESPONDENTS 7 TO 9 / LR'S OF DECEASED 5th RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set-aside the order dated 17.11.2022 and to RESTORE the Second Appeal in S.A. (MD). No. 232 of 2005 on the file of this Honourable Court and restore the case for fresh disposal on merits. PRAYER IN SA(MD)No. 232 of 2005:

To prefer this Memorandum of Grounds of Second Appeal against the Judgment and Decree dated 08.10.2004 made in A.S.No. 26/2003 on the file of the Subordinate Court, Paramakkudi, confirming the Judgment and Decree dated 28.02.2003 made in O.S.No. 68/2001 on the file of the District Munsif, Paramakkudi.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.1806 of 2023 upon hearing the arguments of M/S.D.NALLATHAMBI, Advocate for the petitioner, the court made the following order:- Order of this Court dated 08.06.2023 has been duly complied with. Cost memo is filed to that effect and the same is recorded. Hence, this application is allowed.

2. Registry is directed to restore the second appeal on file and list the matter for final disposal on 05.07.2023. sd/- 16/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA To 1.The Subordinate Judge, Paramakudi.

2.The District Munsif, Paramakudi.

Copy to:

1.The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai.

2.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CMP(MD) No.1806 of 2023 IN SA(MD) No.232 of 2005 Date :16/06/2023 ED/CG/SAR- (21/06/2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2