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Madras High CourtCMP(MD)/5571/2018allowed

M.Pandian(Died) v. The Special Tahsildar(La),

2018-06-28Honourable Mr Justice K. Ravichandrabaabu,Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Twenty Eighth day of June Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) Nos.5571 & 5572 of 2018 IN AS Nos.1001 & 1003 of 2003 CMP(MD) No.5571 of 2018 in AS No.1001 of 2003:

M.PANDIAN(DIED) TMT.P.RAMAKRISHNAMMAL ... PETITIONER/PROPOSED PARTY Vs THE SPECIAL TAHSILDAR(LA), MASTER PLAN COMPLEX, VIRUDHUNAGAR. ... RESPONDENT/APPELLANT CMP(MD) No.5572 of 2018 in AS No.1003 of 2003:

S.SOLAISAMI CHETTIAR(DIED), 1 PITCHIAMMAL 2 SUBBUTHAI 3 S.RAMAR 4 S.PARASURAMAN 5 VEERALAKSHMI ... Petitioners/Proposed Respondents 2 to 6 - Vs. - - THE SPECIAL TAHSILDAR(LA), MASTER PLAN COMPLEX, VIRUDHUNAGAR.

... Respondent/Appellant Prayer in CMP. 5571/ 2018 :

Petition filed Under Order 41 Rule 19 of Civil Procedure Code r/w 151 CPC., to set aside the order dated 22.01.2004 passed in A.S.No.1001 of 2003.

Prayer in CMP. 5572/ 2018 :

Petition filed Under Order 41 Rule 19 of Civil Procedure Code r/w 151 CPC., to set aside the order dated 22.01.2004 passed in A.S.No.1003 of 2003.

AS(MD).No.1001/03:

Under Section 96 of Civil Procedure Code, Appeal preferred against the Judgment and Decree of the Subordinate Judge of Srivilliputhur, dated the 10th day of April 1987 and made in LAOP.82 of 1986.

AS(MD).No.1003/03:

Under Section 96 of Civil Procedure Code, Appeal preferred against the Judgment and Decree of the Subordinate Judge of Srivilliputhur, dated the 10th day of April 1987 and made in LAOP.84 of 1986.

ORDER : These Petitions coming for hearing on this day upon perusing the grounds of Appeals, the Judgment and Decree of the Lower Appellate Court and the Court of first instance and the material papers in the suit and upon hearing the arguments of Mr.A.Sivaji, Advocate for the Appellant and of Mr.Ayiram K.Selvakumar, Additional Government Pleader for the Respondents, this Court made the following order:- [Order of the Court by K.RAVICHANDRABAABU, J.] These civil miscellaneous petitions are filed to set aside the common Judgment, dated 22.01.2004, passed in the above appeals. 2.Already this Court has condoned the delay in filing these applications by an order made on 21.06.2018 in C.M.P.(MD) Nos.3961 & 3962 of 2018.

3.Considering the above said facts and circumstances and considering the fact that the reasons stated in both these applications as well as the applications filed for condoning the delay are one and the same, the present civil miscellaneous petitions are allowed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.THE SUBORDINATE JUDGE, SRIVILLIPUTHUR.

2.THE SPECIAL TAHSILDAR(LA), MASTER PLAN COMPLEX, VIRUDHUNAGAR.

ORDER DATED : 28/06/2018

ORDER

CMP(MD) Nos.5571 & 5572 of 2018 IN AS Nos.1001 & 1003 of 2003 Giving directions and etc., as stated within.

JM/SKN RSK/SAR 3/28.06.2018/3P/3C