Madras High CourtCMP(MD)/334/2017ordered

P.Mehalingam v. Sub-Collector

2017-01-19Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Nineteenth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.334 of 2017 IN AS(MD) No.51 of 2009 1 P.MEHALINGAM 2 P.CHELLA PANDIAN ... APPELLANTS/PETITIONERS/CLAIMANTS Vs 1 SUB-COLLECTOR, PERIYAKULAM NOW AT UTHAMAPALAYAM, THENI DISTRICT.

2 GNANA SUNDARAM 3 ANAGAMUTHU 4 MAHESWARI 5 VALARMATHI D/O.ARUNACHALAM (THROUGH THEIR POWER AGENT K.VEERA MANOHARAN) 6 PACKIAM 7 SENTHIL KUMAR 8 MUTHU MURUGESWARI ... RESPONDENTS/RESPONDENTS 1 TO 8 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the order dated 01/03/2012 the dismissing the above Appeal No.51 of 2009 and restore the appeal to file. Prayer in AS(MD).51/2009 :

The Appellants above named beg to prefer this Memorandum of First Appeal against the decree and Judgment dated 16.02.1993 made in LAOP.66 of 1982 on the file of the Sub Court, Periyakulam and pray for setting aside the same in toto.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of P.MEGALINGAM, Party-in-Person, the Court made the following order:- Already this Court has condoned the delay in filing the restoration application. The petitioner has given sufficient reasons for his non-appearance on 27.02.2012 and 29.02.2012. Being satisfied with the reasons given in the affidavit filed in support of this petition, this petition is allowed.

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The Registry is directed to call for records from the concerned Court once again and post this Appeal for final hearing on 08.02.2017.

sd/- 19/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, PERIYAKULAM.

ORDER IN CMP(MD) No.334 of 2017 IN AS(MD) No.51 of 2009 Date :19/01/2017 msm-skn-pm/sar1/06.02.17/p2/2c https://hcservices.ecourts.gov.in/hcservices/