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Madras High CourtCMP(MD)/2723/2021allowed on condition

Aliaththan (Died) v. Santha (Died)

2023-06-21Honourable Mr Justice P. Velmurugan2 pages

CMP(MD) No.2723 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Tenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.2723 of 2021 IN SA No.787 of 2002 1 ALIATHTHAN (DIED) ... APPELLANT/APPELLANT/PLAINTIFF 2 SOLAIAPPAN 3 SHANTHI 4 ANANTHI 5 MALAICHAMY 6 GANDHI 7 PANJU 8 AJITH 9 SAKTHI MURUGAN 10 RANJITH ... PETITIONERS/PROPOSED APPELLANTS 2 TO 10 Vs 1 SANTHA (DIED) ... 1st RESPONDENT/1st RESPONDENT 2 NAGARAJAN 3 MUTHUKRISHNAN ... PROPOSED RESPONDENTS 2 & 3 4 MUTHUMAN 5 LAKSHMANAN ... RESPONDENTS 4 & 5/LEGAL HEIRS OF APPELLANT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 2709 days in filing the restoration application in SA No.787 of 2002 which was dismissed for default on 25.03.2013 by this Honourable Court.

Prayer in SA. 787/ 2002 :

To prefer this Memorandum of Grounds of Second Appeal against the judgement and decree dated 07/02/2001 and made in A.S.No.58/99 on the file of the Sub Judge, Sivagangai, reversing the https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.2723 of 2021 judgement and decree dated 29/01/99 made in O.S.No.184/97 on the file of the District Munsif, Sivagangai.

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.K.MURALEEDHARAN, Advocate for the petitioners, the Court made the following order:- Order of this court dated 21.06.2023 has not been complied with. Therefore, this petition is dismissed.

sd/- 10/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

mbi TO THE SUBORDINATE JUDGE, SIVAGANGAI.

THE DISTRICT MUNSIF SIVAGANGAI.

ORDER

IN CMP(MD) No.2723 of 2021 IN SA No.787 of 2002 Date :10/07/2023 RS/RL/SAR-(10.07.2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2