Madras High CourtCMP(MD)/18082/2024allowed

Edward Soosai v. Michel Dasan. (Died) 2.Joseph

2025-02-04Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Fourth day of February Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G.ILANGOVAN CMP(MD). No.18082 of 2024 in S.A.No.1696 of 1997

1. Edward Soosai

2. Yesammal

3. Savariammal

4. Medilda

5. Amalam

6. Irudhayaraj

7. Poulinal ... Petitioners Vs 1 Michel Dasan. (Died) 2 Joseph 3 Mangalam D/o.Late.Irudhayadasan Nallathani Estate Valparai Post Coimbatore.

4 Mangalam W/o.Late.Irudhayadasan Nallathani Estate Valparai Post Coimbatore.

5 Chinnapparaj 6 Sebasthiyan 7 Mary 8 M.Innasiammal

9 F.Francis 10 M.Lawrence 11 M.Philo (Respondents 7 to 11 are Brought On Record As.L.R.S of the Deceased 1st Res. Vide Court order dated 29.03.2022) ... Respondents Prayer :- Civil Miscellaneous Petition filed under section 5 of Limitation Act to set aside and restore the order dated 26-04-2023 made in S.A.No.1696 of 1997 on the file of this Honourable Court. Prayer in S.A.No.1696 of 1997:- Second Appeal filed under section 100 of the Civil Procedure Code against the judgment and decree dated 04.07.1997 passed in A.S.No.101 of 1996 by the learned Principal District Judge, Kamarajar District at Srivilliputhur, confirming the judgment and decree dated 30.10.1995 passed in O.S.No.97 of 1990 by the learned Subordinate Judge, Srivilliputhur. 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. V. Janakiramulu, Advocate for the Petitioners and of Mr. A. Joel Paul Antony, Advocate for the 3rd to 6th. And 8th to 11th respondents, this Court made the following order:

'By order dated 26.04.2023, the condition was imposed upon the appellant herein to pay a sum of Rs.1,00,000/- to the credit of Registrar (Judicial), Madurai Bench, in the event of filing restoration petition.

2. The above said condition has been complied. Accordingly, this Civil Miscellaneous Petition is allowed. Registry is directed to restore the Second Appeal in S.A.No.1696 of 1997 on the file and post the Second Appeal on 21.02.2025, finally.' Sd/- Assistant Registrar (CS-II ) // True Copy // /02/2025 Sub Assistant Registrar (CS- I, II, III, IV) TO

1. The Principal District Judge, Virudhunagar at Srivilliputhur.

2. The Subordinate Judge, Srivilliputhur.

Copy to:

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

ORDER DATED : 04/02/2025 ==========================

ORDER

========================== CMP(MD). No.18082 of 2024 in S.A.No.1696 of 1997 VN (13/02/2025) 4 P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.