Madras High CourtCMP(MD)/797/2024allowed

R.V.R.Nallasivam (Deceased) 1) Sivakami, v. Romesh Subramanian,

2025-02-28Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice M.Jothiraman3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty Eighth day of February Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G.R.SWAMINATHAN AND The HONOURABLE MR. JUSTICE M. JOTHIRAMAN in AS(MD) No.18 of 2012 R.V.R.Nallasivam (Deceased) 1 Dr.Sivakami 2 Rajalakshmi,

3. R.N. Ramasundaram, .. Petitioners/Proposed Appellants/ L's of Sole Appellant Vs 1 Romesh Subramanian, 2 Swarna Subramanian, 3 Kalpana Parthasarathy, 4 Lavanya Subramanian, 5 R.V.R.Sivagnanam, 6 R.Pulioorudayan, .. Respondents/Respondents Prayer in CMP(MD). No.797 of 2024 :- Civil Miscellaneous Petition filed under Order XLI Rule 19 of CPC, praying to restore the present appeal in A.S.(MD).No.18 of 2012 on the file of this Honourable Court that was dismissed for default in terms of Order dated 18.03.2022. Prayer in AS(MD) No.18 of 2012:- This First Appeal filed under section 96 of Civil Procedure Code, filed against 1/3

Judgment and Final Decree of the Principal District Judge, Virudhunagar District at Srivilliputhur, dated 14.07.2011, passed in I.A.No.413/2005 in O.S.No.277/1992. ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof, earlier order of this court dated 18/03/2022 and upon hearing the arguments of Mr.S. Anand Chandrasekar for M/s. Sarvabhauman Associates, Advocates for the Petitioner and of Mrs. Lakshmi Gopinath, Advocate for the Respondent Nos.1 to 4 and 6 and the 5th Respondent not appeared in person or through any advocate, this Court made the following order:

"This Petition is allowed."

Sd/- Assistant Registrar (CS.I) // True Copy // /03/2025 Sub Assistant Registrar (CS-I/II/III/IV) MGA TO The Principal District Judge, Virudhunagar District at Srivilliputhur 2/3

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 28/02/2025 ==========================

ORDER

========================== in AS(MD)No.18 of 2012 Giving direction and etc.

as stated within.

SL(10.03.2025)/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3