Thalavanimuthu v. Arlananthapuram Chrishthava Valiba

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Eighth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice MUMMINENI SUDHEER KUMAR in SA(MD).No.579 of 2013

1. Thalavanimuthu

2. Ganeshpandi ... Petitioners/Appellants Vs

1. Arlananthapuram Chrishthava Valiba Iykia Sangam Rep. by its President Chinnadurai (Died)

2. John Stephen .. 1st and 2nd Respondents/Respondents 3 Vedanayagam ... 3rd Repondent/Proposed Substitute Respondent Prayer :- Civil Miscellaneous petition filed Under Order 41 Rule 19 of the Civil Procedure Code to Restore the above second appeal in S.A.(MD) No.579 of 2013 which was dismissed for default on 03.02.2023. Prayer in S.A.(MD) No.579 of 2013 :

This Second Appeal has been filed under Section 100 of C.P.C., against the Judgment and Decree passed in A.S.No. 33 of 2011, dated 25/07/2011 on the file of the learned Additional District Court(Fast Track Court No.1), Thoothukudi reversing the Judgment and Decree dated 03.07.2009 made in O.S. No.76 of 2005 on the file of the learned District Munsif, Sathankulam. ORDER:- This Civil Miscellaneous petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon 1/4

hearing the arguments of Mr. R.Balakrishnan, Advocate for the Petitioner and of Mr. P.R.Prithiviraj Advocate for the Respondent No.2,this Court made the following order:

This application has been filed seeking restoration of the second appeal in S.A. (MD) No.579 of 2013, which was dismissed for non-compliance of the conditional order dated 03.02.2023 passed by this Court.

2. Learned counsel appearing for the respondents reported no objection for allowing this application.

3. It is submitted by the learned counsel for the petitioners that the petitioners have already taken steps for complying with the order dated 03.02.2023 passed by this Court and appropriate application is already filed seeking substitution of the name of the President of the Respondent-Sangam vide C.M.P.(MD) SR No.62838 of 2023.

4. In the light of the above, this application is ordered and the main Second Appeal shall stand restored on to the file of this Court. 2/4

5. Registry is directed to number C.M.P.(MD) SR No.62838 of 2023. Post Second Appeal on 02.02.2024.

Sd/- Assistant Registrar (CO) // True Copy // /02/2024 Sub Assistant Registrar (CS-I / II / III / IV) Abr TO

1. The Additional District Judge(Fast Track Court No.1), Thoothukudi.

2. The District Munsif, Sathankulam.

3. The Sub Assistant Registrar (A.E.,) Madurai Bench of Madras High Court, Madurai.

Copy to:

1. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES)

2. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

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ORDER DATED : 08/01/2024 NEXT DATE : 02/02/2024 ==========================

ORDER

========================== in SA(MD).No.579 of 2013 Giving direction and etc.

as stated within.

RD(31/01/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4