Madras High CourtCMP(MD)/7067/2017disposed of

A.Rangavajan (Died) v. D.Gopal,

2017-10-12Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twelfth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CMP(MD) Nos.7067 to 7069 of 2017 IN SA No.1829 of 1997 1 A.RANGAVAJAN (DIED) 2 R.THIYAGARAJAN, 3 R.ANANTHI 4 R.JEYALAKSHMI ... PETITIONERS/APPELLANTS Vs 1 D.GOPAL, D.DHANAPAL (DIED) 2 TRICHIRAPPALLI MUNICIPALITY REP. BY ITS EXECUTIVE AUTHORITY THE COMMISSIONER, PROMENADE ROAD, CANTONMENT, TRICHY 3 D.AKILA, 4 D.MUTHUKUMAR, 5 D.SAROJA 6 D.ARUMUGAM, 7 D.RENUKA 8 D.SHANTHI, 9 D.VENKATESH 10 D.REJESHKUMAR, 11 D.KARTHIKEYAN, ... RESPONDENTS/RESPONDENTS 3 to 11 ARE PROPOSED LEGAL REPRESENTATIVE OF THE DECEASED DHANAPAL Prayer in CMP(MD). 7067/ 2017 IN SA No.1829 of 1997: Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to restore the Civil Miscellaneous Petitions No. MP 4/2013 in SA. No.1829 of 1997 which was dismissed for default on 19.6.2017 to the file and thus render justice.

Prayer in CMP(MD). 7068/ 2017 IN SA No.1829 of 1997: To restore the Civil Miscellaneous Petitions No. MP No. 5/2013 in SA. No.1829 of 1997 which was dismissed for default on 19.6.2017 to the file and thus render justice. Prayer in CMP(MD). 7069/ 2017 IN SA No.1829 of 1997 : To restore the Civil Miscellaneous Petitions No. MP 6/2013 in SA. No.1829 of 1997 which was dismissed for default on 19.6.2017 to the file and thus render justice.

https://hcservices.ecourts.gov.in/hcservices/

PRAYER IN SA No.1829 of 1997:Second Appeal against the Judgment and Decree dated 30.04.1997 made in AS.No.69 of 1996 on the file of the Subordinate Judge, Tiruchirappalli in confirming the decree and judgment dated 26.7.1995 made in O.S.No.1074 of 1983 on the file of the II Additional District Munsif, Tiruchirappalli. ORDER : These petitions coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.GOVINDARAJ, Advocate for the petitioner in all the petitions and of Mr.V.Sitharanjandas, Advocate for R1, R2 died, and R3 not appeared in person or by an Advocate, the court made the following order:- These miscellaneous petitions have been filed to restore the MP (MD).Nos.4 to 6 of 2013 in SA.NO.1829 of 1997, which were dismissed for default on 19.06.2017.

2.Heard both sides. There is no serious objection on the side of the respondents.

3.Being satisfied with the reasons stated in the affidavits filed in support of these petitions and in the interest of justice, these petitions are allowed on payment of Rs.5,000/- (Rupees Five thousand only) to the learned counsel appearing for the 1st respondent on or before 26.10.2017, failing which these petitions shall stand dismissed automatically without further reference to this Court.

4.Post on 27.10.2017 for reporting compliance. sd/- 12/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, TIRUCHIRAPPALLI 2 THE II ADDITIONAL DISTRICT MUNSIF, TRICHIRAPPALLI

ORDER

IN CMP(MD) Nos.7067 to 7069 of 2017 IN SA No.1829 of 1997 Date :12/10/2017 sm:RR-BS:SAR 2:23.10.2017:2p/3c https://hcservices.ecourts.gov.in/hcservices/