Madras High CourtCMP(MD)/6684/2022allowed

Muthiah v. Arumugha Mudaliar (Died),2.Marudaiya Pandian

2022-11-02Honourable Mr Justice N. Seshasayee2 pages

CMP(MD). No.6684 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Second day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice N.SESHASAYEE CMP(MD). No.6684 of 2022 in SA.No. 1495 of 2000 Muthiah ... Petitioner/Appellant Vs 1 Arumugha Mudaliar (Died) 2 Marudaiya Pandian 3 Gomathiammal(Died) 4 Murugesan 5 Lakshmi 6 Saraswathi 7 Parameswari (Died) 8 Rajeswari ... Respondents/Respondents Prayer in CMP(MD). No.6684 of 2022:- This petition filed under Order 41, Rule 19 of C.P.C., praying this Court to restore and set aside the order passed in S.A.No.1495 of 2000 which was dismissed as abated on 09-06-2022. Prayer in SA. 1495/ 2000 :

This Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree of the Learned Principal Sub Court, Tenkasi passed in A.S.No.163 of 1998 dated 28.4.2000 confirming the Judgment and Decree of the Learned Principal District Munsif, Sankarankoil passed in O.S.No.123 of 1995 dated 3.11.1998. ORDER:- This Petition coming on for hearing under the caption "for reporting compliance" on this day and upon perusing the cost memo in USR. No. 30189, dated 28/10/2022, the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. M.P.Senthil, Advocate for the Petitioner, this Court made the following order:

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CMP(MD). No.6684 of 2022 " As per the order of this Court dated 19.10.2022, the cost has been paid and the memo to that effect has been filed. Hence, this petition is allowed and the Second Appeal is restored on file." Sd/- Assistant Registrar () // True Copy // /11/2022 Sub Assistant Registrar(CS) To

1. The Principal Sub Judge, Tenkasi

2. The Principal District Munsif, Sankarankoil. Copy to :- The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

(For restore the SA and same has been Dismissed on the same day) ORDER DATED : 02/11/2022 ==========================

ORDER

(Restorationcomplied with) ========================== CMP(MD). No.6684 of 2022 in SA.No. 1495 of 2000 Giving direction and etc.

as stated within.

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