Madras High CourtCMP(MD)/6128/2024closed

R.Sethuramalingam (Died), 2. S.Karpagarani v. Mayilrani (Died), 2.Rengammal

2024-09-09Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Ninth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN in CRP(MD)No.942 of 2020

1. R.Sethuramalingam (Died), 2.S.Karpagarani ... Petitioners No.1 and 2/ Revision Petitioners No.1 and 2 ..Vs..

1 Mayilrani (Died), 2 Rengammal 3 Balasubramaniam 4 Latha ... Respondents No.1 to 4/Respondents No.1 to 4 5 Pandiayarajendran 6 Karthika 7 Mohankumar ... Respondents No. 5 to 7/Proposed Respondents No.5 to 7/LRS of the deceased 1st Respondent Prayer :- Civil Miscellaneous Petition filed under order 9 Rule 9 of CPC To restore the order dated 15.03.2024 made in CRP(MD) No.942 of 2020 passed by this court and permit the petitioner to take fresh notice to the legal heirs of the deceased 1st respondent Mayilrani.

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Prayer in CRP(MD)No.942 of 2020 :

Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records in O.S.No.921 of 2019 dated 19.11.2019 on the file of the Sub Court, Dindigul and strike of the plaint with regard to the revision petitioners/2nd and 3rd defendants.

ORDER:- This Civil Miscellaneous Petition is 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 Mr. S.Sarvagan Prabhu, Advocate for the Petitioner and of Mr.S.Ramesh, Advocate for Respondent No.5, this Court made the following order: Heard both sides.

2.The revision petitioners filed C.R.P(MD)No.942 if 2020. During the pendency of Civil Revision Petition, the first respondent passed away. The revision petitioners failed to take steps for bringing her legal heirs on record. In these circumstances, the Civil Revision Petition came to be dismissed as abated. Seeking restoration, this Civil Miscellaneous Petition has been filed. 3.It is pointed out that only set aside petition will lie and not a petition for restoration. The fifth respondent has also filed his counter affidavit. C.M.P(MD) No.6128 of 2024 is closed as not maintainable. 2/3

4.Registry is directed to number C.M.P(MD)SR No.27452 of 2024. Sd/- Assistant Registrar (CS-I) // True Copy // /09/2024 Sub Assistant Registrar (CS- I, II, III, IV) MGA TO

1. The Subordinate Judge, Dindigul.

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

Copy to:

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

ORDER DATED : 09/09/2024 ==========================

ORDER

========================== in CRP(MD)No.942 of 2020 Giving direction and etc.

as stated within.

RD(20.09.2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3