Madras High CourtCMP(MD)/15004/2023allowed

Devakumaran v. A.S. Maniyam (Died) 2.A.S.Malliga

2023-11-23Honourable Mrs Justice L.Victoria Gowri3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty Third day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice L. VICTORIA GOWRI in AS(MD) No.81 of 2018 Devakumaran ... Petitioner/Petitioner Vs 1 A.S. Maniyam (Died) 2 A.S.Malliga 3 S.Raja Arunachalam 4 A.Usha Malathi 5 R.Jeya Chitra 6 S.Tamil Selvi 7 M.Indira Priyadarshini ... Proposed Respondents 2 to 7 / Lr's of Respondent No.1 Prayer in CMP(MD). No.15004 of 2023 Civil Miscellaneous Petition filed under order 41 Rule 19of CPC to set aside the order dated 28.03.2022 and restore the A.S.No.81 of 2018 on the file of this Honourable Court and thus render justice.

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Prayer in AS(MD) No.81 of 2018 Appeal Suit filed under Section 96 of the C.P.C. against the judgment and decree of the III Additional District Judge, Tirunelveli in O.S. No.11 No.2008 dated 30.01.2018.

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 Mr.S.Rajaseakar Advocate for M/S.Lajapathi Roy and Asso. for the Petitioner and of Mr.T.Lenin Kumar Advocate for the 2nd to 7th Respondents, this Court made the following order:

This petition is filed to set aside the order dated 28.03.2022 and to restore the A.S.No.81 of 2018 on the file of this Court.

2.Being satisfied with the reasons stated in the accompanying affidavit, this petition is allowed.

3.The Registry is directed to restore the appeal suit and post the case for final hearing on 08.12.2023.

Sd/- Assistant Registrar(CS II) // True Copy // /12/2023 Sub Assistant Registrar(CS) 2/3

TO The III Additional District Judge, Tirunelveli Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai THE SECTION OFFICER, VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (2 Copies) ORDER DATED : 23/11/2023 HEARING DATE : 08/12/2023 ========================== Restore ========================== in AS(MD) No.81 of 2018 Giving direction and etc.

as stated within.

MK/01.12.2023 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3