Madras High CourtCMP(MD)/4734/2021allowed

Rajakamalam v. Nagasamy (Died)

2022-01-31Honourable Mr Justice R.Vijayakumar2 pages

CMP(MD) No.4734 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirty First day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R. VIJAYAKUMAR CMP(MD) No.4734 of 2021 IN SA(MD) No.1130 of 2006 RAJAKAMALAM ... PETITIONER/APPELLANT Vs

1. NAGASAMY (DIED)

2. JAYARAMAN

3. S.A.ALAGARSAMY (DIED), S/O.ALAGARSAMY

4. S.A.ALAGARSAMY, S/O.ALAGARSAMY

5. K.RAMANUJAM @ GOPAL RAMANUJAM

6. REGHUPATHY

7. RENGASAMY

8. K.RAMAR

9. R.VIJAYA @ VIJAYALAKSHMI ... RESPONDENTS/RESPONDENTS 10.N.GOPALSAMY ... 10th RESPONDENT/LEGAL HEIR OF DECEASED 1st RESPONDENT/PROPOSED 10th RESPONDENT IN THE APPEAL 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 16.04.2014 of dismissal of the second appeal in respect of respondents 2, 6 and 7 and permit fresh notice to these respondents.

PRAYER IN SA(MD) No.1130 of 2006 :

To prefer the Memorandum of Grounds of Second Appeal against the Judgment and Decree dated 28.06.2006 made in A.S.47 of 2004 on the file of Sub Court, Sivakasi, confirming the Judgment and Decree dated 06.07.2004 made in O.S.40 of 2004 on the file of the District Munsif Court, Sivakasi.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.H.LAKSHMI SHANKAR, Advocate for the petitioner, the court made the following order:- The present application has been filed to set aside the order, dated 16.04.2014 of dismissal of the Second Appeal in respect of respondent Nos.2, 6 and 7 and permit fresh notice to these respondents.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.4734 of 2021

2. The learned Counsel for the appellant is directed to take fresh notice to respondent Nos.6 and 7 and implead the legal heirs of the deceased second respondent. Notice returnable by 15.02.2022.

3. Private notice is also permitted. In the mean time, the learned Counsel for the appellant is directed to take steps to implead the legal heirs of the second respondent.

4. Being satisfied with the reasons stated in the affidavit filed in the support of this petition, this Civil Miscellaneous Petition is allowed.

sd/- 31/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE SUBORDINATE JUDGE, SIVAKASI.

2. THE DISTRICT MUNSIF, SIVAKASI.

ORDER IN CMP(MD) No.4734 of 2021 IN SA(MD) No.1130 of 2006 Date :31/01/2022 USK/SBN/SAR-II/09.02.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2