Madras High CourtCMP(MD)/3629/2022allowed

Munusamy v. Marudamuthu

2023-11-20Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twentieth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in SA(MD)No.277 of 2017 Munusamy ... Petitioner/Appellant Vs 1 Marudamuthu 2 Balakrishnan 3 Arjunan 4 Gurusamy Iyer 5 Solaiappan 6 Shanmugam Chettiar 7 Kamala Bai 8 Neelamegam Pillai 9 Balan 10 Vasu Naidu 1/3

11 Ramamuthi Renganayaki 12 Sudarsan 13 Ashok Automobiles 14 Perumal(Died) 15 M.K.N. Padmanaban 16 M.K.N. Muralidharan 17 Marudamuthu ... Respondent/Respondent Prayer :- Civil Miscellaneous Petition filed Under Order 41 Rule 19 R/W 151 of C.P.C to set aside the order passed in S.A. (MD) No. 277 of 2017 which was dismissed for default on 18.03.2022 on the file of this Honourable Court and restore the same and pass such further or other order.

Prayer in SA(MD). 277/ 2017 :

This Second Appeal is filed Under Section 100 of Civil Procedure Code to call for the records relating to the judgment and decree passed in A.S.No.342 of 1990 dated 30.11.2001 on the file of the Second Additional District Judge (PCR), Trichirappalli,confirming the judgment and decree passed in O.S.No.13 of 1984 dated 06.03.1989 on the file of the Subordinate court,Trichirappalli, set aside the same and consequently,allow this appeal.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. J.Anandkumar, Advocate for the Petitioner, this Court made the following order:

"This restoration petition is allowed.

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2. Registry is directed to restore the Second Appeal on file. " Sd/- Assistant Registrar(CS-I) // True Copy // /11/2023 Sub Assistant Registrar(CS ) TO

1. The Second Additional District Judge (PCR), Trichirappalli,

2. The Subordinate Judge, Trichirappalli,

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

4. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) ORDER DATED : 20/11/2023 ==========================

ORDER

========================== in SA(MD)No.277 of 2017 Giving direction and etc.

as stated within.

AMS/28.11.2023 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3