K.Vasugi v. Paramasivam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice PUSHPA SATHYANARAYANA and The Hon`ble Mrs.Justice S.KANNAMMAL IN AS(MD) No.127 of 2014 K.VASUGI ... PETITIONER/ APPELLANT Vs 1 PARAMASIVAM 2 USHA 3 MUTHULAKSHMI 4 NAGARATHINAM 5 KARTHIK, 6 KATHIKEYAN 7 NARAYANASAMY 8 PAPPU @ SUNNAMMAL 9 MEENA 10 SOMASUNDARI 11 MUTHUKRISHNAN 12 SHANMUGASUNDARI 13 MEENAKUMARI 14 MADURAMBIGAI 15 DHANLAKSHMI 16 MOHANAMBAL 17 P.MURUGESAN 18 B.MUTHUKUMAR 19 B.ANNAPURNANAM, 20 B.MEENAKUMARI 21 B.KUTTI 22 B.ANANTHI 23 PAPPA 24 V.BOOMIKUMAR 25 V.SUBBAIAH 26 PARASAKTHI 27 MINOR.DEEPAN RAM, 28 MINOR.SRI SARANYADEVI (Minor Respondents 27 to 28 represent by their Guardian Mother Parasakthi as 26th Respondent) 29 RAMESHBABU 1/3

30 KANNAMMAL 31 CHIDAMBARAM 32 SURIYAKUMAR 33 GANTHIMATHI 34 VIJAYALAKSHMI ... RESPONDENTS/ RESPONDENTS (R30 to 34 Remained Ex-parte.

Hence Notice may be dispensed with) Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order dated 04.07.2018 made in A.S.(MD).No. 127 of 2014 dismissed the appeal suit as against the Respondents 1 and 7 for default and to restore the appeal suit as against the respondents 1 and 7 and thus render justice.

PRAYER IN AS(MD) No.127 of 2014:

To set aside the judgment and decree in O.S.No.18 of 2005 dated 21.03.2014 on the file of the learned Additional District Cum Sessions Judge, Dindigul, and thereby allow the First Appeal. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.DHANASEKARAN, Advocate for the petitioner and of Mr.H.LAKSHMI SHANKAR, Advocate for the Respondents 2 to 6 and 8 to 29, the court made the following order:- (Order of the Court was made by PUSHPA SATHYANARAYANA,J) This Petition is filed to set aside the order made in A.S(MD) No.127 of 2014, in dismissing the Appeal Suit as against the respondents 1 and 7 for default and to restore the Appeal Suit as against the respondents 1 and 7.

2.Heard the learned counsel appearing on either side and perused the materials placed before this court. 3.It is represented by the learned counsel appearing on behalf of respondents 2 to 6 and 8 to 29 that the first respondent namely, Paramasivam and the 7th respondent namely, Narayanasamy died even before the appeal suit being filed and their estate is being sufficiently represented.

4.In view of the above, this Petition stands dismissed. sd/- 08/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO THE ADDITIONAL DISTRICT CUM SESSIONS JUDGE, DINDIGUL.

ORDER

IN IN AS(MD) No.127 of 2014 Date :08/03/2021 vsn MS/PN/SAR-1/11.03.2021/3P.2C 3/3