Madras High CourtCMP(MD)/11761/2018allowed

Tamil Nadu Newsprint & v. Manicka Nadar (Deceased)

2019-03-21Honourable Mrs Justice R. Hemalatha2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Thursday, the Twenty First day of March Two Thousand Nineteen coram:

The Hon`ble Mrs.Justice R.HEMALATHA CMP(MD). No.11761 of 2018 in S.A.No832 of 2004 TAMIL NADU NEWSPRINT & PAPERS LTD REP.BY ITS LEGAL COORDINATOR S.MEENAKSHISUNDARAM, HAVING ITS REGISTERED OFFICE AT NO.67, MOUNT ROAD, GUINDY, CHENNAI-600 032 ... Petitioner/Appellant Vs 1 MANICKA NADAR (DECEASED) S/O.BALASUBRAMANIA NADAR M.APPADURAI NADAR S/O.LATE MANICKA NADAR PUTHIAMPUTTUR PERUNGUDI VILLAGE KAVALKINARU VIA R1/Respondent RATHAPURAM TK 2 M.APPADURAI NADAR, S/O.LATE MANICKA NADAR PUTHIAMPUTTUR PERUNGUDI VILLAGE KAVALKINARU VIA RATHAPURAM TK 3 M.MAHARAJAN S/O.LATE MANICKA NADAR KATTUPUTHUR VILLAGE NEAR NAGERCOIL.

4 Mrs. PAULKANI D/O.LATE MANICKA NADAR KATTUPUTHUR VILLAGE NEAR NAGERCOIL(RES.2 TO 4 ARE LEGAL HEIRS OF LATE MANICKA NADAR) ... Respondents/ProposedRespondents Prayer :- Civil Miscellaneous Petition is filed under order 41 Rule19 and Section 151 of CPCPleased to restore the above appeal which was dismissed on 12.10.2006.

Prayer in S.A.No 832 of 2004 Second Appeal is filed under section 100of CPC preferred against the judgement and decree made in A.S.No 51 of 2003 dated 9.9.2003 on the file of the Principal District Judge,Tirunelveli reversing the judgement and decree made in O.S.No 301 of 1994 dated 17.06.2002 on the file of the District Munsif Court , Valliyoor. https://hcservices.ecourts.gov.in/hcservices/

ORDER:- This Civil Miscellaneous 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.M.P.SENTHIL, Advocate for the Petitioner and of MR. A.ARUMUGAM Advocate FOR R2 and of Mr.R.RAJESH KUMAR Advocate FOR R3 AND R4, and this Court made the following order:

This petition is filed under Order 41 Rule 19 and Section 151 of CPC, to restore the Second Appeal in S.A.No.832 of 2004, which was dismissed on 12.10.2006.

2.No appearance on behalf of the respondents 3 and 4. The learned counsel appearing for the second respondent did not raise any serious objections.

3.This Court is also satisfied with the reasons assigned in paragraph Nos.3 & 4 of the affidavit filed in support of the petition.

4. In the result, this petition is allowed and the registry is directed to restore the Second Appeal in S.A.No.832 of 2004. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) TO

1. The Principal District Judge, Tirunelveli

2. The District Munsif,valliyoor Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 21/03/2019 ==========================

ORDER

========================== CMP(MD). No.11761 of 2018 in S.A.No832 of 2004 Giving direction and etc.

as stated within.

TR (11.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/