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Madras High CourtCMP(MD)/7662/2017ordered

Karuppaiah, v. C.Muniyappan,

2017-08-22Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Twenty Second day of August Two Thousand and Seventeen PRESENT The Hon`ble Mrs Justice PUSHPA SATHYANARAYANA CMP(MD) No.7662 of 2017 IN REV.APLC(MD) No.132 of 2015 1.V.KARUPPAIAH, 2.A.ANGUCHAMY, ... PETITIONERS/REVIEW PETITIONERS Vs 1.C.MUNIYAPPAN, 2.C.GANESAN, 3.SELLAMUTHU, 4.KALIMUTHU 5.KULANTHAIRANI, 6.KUTTURAJA @ THANGAM, 7.C.PONNUDURAI (DIED) 8.RAJATHI, 9.MAHARAJAN, 10.THEIVAM ... RESPONDENTS/RESPONDENTS Prayer in CMP(MD) No.7662 of 2017:- Petition filed under Order 9 Rule 9 and Section 151 of CPC Praying to restore the Rev.Aplc(MD) No.132 of 2015 which was dismissed for Non prosecution on 13.4.2016.

Prayer in Rev.Aplc(MD) No.132 of 2015:- This Application filed under Order 47 Rule 1 of Civil Procedure Code praying to review the orders made in S.A.683/2011 dated 14.03.2014 and allow the Second Appeal.

Prayer in S.A(MD) No.683 of 2011:- https://hcservices.ecourts.gov.in/hcservices/ This Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the judgment and decree dated 15.11.2010 in

A.S.Nos.41 and 42 of 2010 on the file of the Subordinate Judge, Devakottai, reversing the judgment and decree dated 28.08.2009 in O.S.No.161 of 2007 on the file of the District Munsif, Sivagangai. ORDER : This petition coming on for hearing on this day, upon perusing the petition and affidavit and upon hearing the arguments of Mr.S.T.Sasidharan Tamilkani, Advocate for the Petitioners and Mr.C.Muniappan, the first respondent/Party in person (R1), this Court made the following order:- This petition has been filed praying to restore Rev.Aplc(MD). No.132 of 2015, which was dismissed for non-prosecution on 13.04.2016.

2.Heard the learned counsel for the petitioners. 3.Mr.C.Muniyappan, the first respondent/Party-in-Person is present.

4.Being satisfied with the reasons stated in the affidavit filed in support of the petition, this petition is ordered and restored to its file.

5.The Registry is directed to post the Review Aplc on 29.08.2017.

sd/- Assistant Registrar(CS-II) / TRUE COPY / Sub-Assistant Registrar TO 1.The Subordinate Judge, Devakottai.

2.The District Munsif, Sivagangai.

ORDER DATED : 22/08/2017 HEARING DATE : 29.08.2017

ORDER

CMP(MD) No.7662 of 2017 IN REV.APLC(MD) No.132 of 2015 AE/RSK/SAR4/28.08.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/