Madras High CourtCMP(MD)/4463/2021allowed

Kuppusamy(Died), v. The Commissioner

2021-07-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Second day of July Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CMP(MD) No.4463 OF 2021 in SA. No.673 of 2001

1. KUPPUSAMY(DIED),

2. SUBRAMANI S/o. LATE Kuppusamy Methaipatti, R.Kombai Village and Post, Vedasandur Taluk Dindigul District

3. SAKTHIVEL S/o. LATE Kuppusamy Methaipatti, R.Kombai Village and Post, Vedasandur Taluk Dindigul District

4. Muniammal, D/o. Late Kuppusamy 18/27,Rajaji Nagar 3rd Street, Villivakkam, Chennai-49.

5. Murugeswarai, D/o. Late Kuppusamy Methaipatti, R.Kombai Village and Post Vedasandur TalukK Dindigul District.

..Petitioners / Appellants Vs

1. THE COMMISSIONER GUZILIAMPARAI PANCHAYAT UNION (REGULAR) GUZILIAMPARAI ..Respondents / Respondent Prayer in CMP(MD)No.4463 of 2021 This Miscellaneous Petition filed under Order 41 Rule 19 r/w 151 of CPC to set aside the order dated 26.3.2021 of dismissing the Second Appeal for non prosecution and restore the Second Appeal in S.A.No.673 of 2001.

Prayer in S.A.(MD) No.673 of 2001 Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 16.02.2001 made in A.S. No.53 of 1999 on the file of the Additional Subordinate Judge, Dindigul reversing the Judgment and Decree passed in O.S. No.138 of 1995 on the file of the District Munsif cum Judicial Magistrate, Vedasandur dated 21.10.1997.

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ORDER:- This Miscellaneous Petition coming on for orders on this day upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.Nandakumar, Advocate for Appellants and the respondent having not appeared either in person or by an Advocate, this Court made the following order: " I am satisfied with the reasons stated in the accompanying affidavit filed in support of this petition, this petition is allowed.

S.A.(MD) No.673 of 2001 is restored on file". Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) To

1) The Additional Subordinate Judge, Dindigul

2) The District Munsif-cum-Judicial Magistrate, Vedasandur Copy to:

1) The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai (2c)

2) The Section Officer, Judicial Department Madurai Bench of Madras High Court, Madurai ORDER DATED : 02/07/2021 ==========================

ORDER

========================== CMP(MD) No.4463 OF 2021 in SA. No.673 of 2001 Giving direction and etc.

as stated within.

KK(09.07.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/