Madras High CourtCMP(MD)/10897/2022ordered

K.S. Muthukrishnan (Died), 1. Amsaveni, v. R. Santha,

2022-12-06Honourable Mrs Justice N. Mala2 pages

CMP(MD)No.10897 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Sixth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice N.MALA CMP(MD)No.10897 of 2022 in AS(MD)No.647 of 2011 K.S.Muthukrishnan (Died) ... Sole Appellant 1.Amsaveni 2.Gunasekaran 3.Thalli 4.Manikandan ... Petitioners/Legal Heirs of Appellant and Proposed Appellants 2 to 5 Vs 1.R.Santha 2.M.Banumathy ... Respondents/Respondents Prayer in CMP(MD)No.10897 of 2022 :- Civil Miscellaneous Petition filed under Order 41, Rule 19 and U/s.151 C.P.C., to set aside the order dated 16.06.2022 and restore the Appeal and thus render justice.

Prayer in AS(MD)No.647 of 2011:- First Appeal filed under Section 96 of the Civil Procedure Code against the Judgment and decree made in O.S.No.81 of 2007, dated 12.02.2009, on the file of Fast Track Court No.II, Tiruchirappalli.

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.S.Manohar, Advocate for the Petitioner, this Court made the following order:- "This petition is filed to set aside the order, dated 16.06.2022 and restore the appeal.

2.I have gone through the affidavit filed in support of this petition and I am satisfied with the reasons stated therein. Therefore, the order in A.S.(MD)No.647 of 2011, dated 16.06.2022 is https://www.mhc.tn.gov.in/judis 1/2

CMP(MD)No.10897 of 2022 set aside and the appeal is restored. This Petition is accordingly ordered.

3.Registry is directed to restore the appeal on file and list the matter on 19.12.2022."

Sd/- Assistant Registrar (CS-III) // True Copy // /12/2022 Sub Assistant Registrar(CS) sn TO The Judge, Fast Track Court No.II, Tiruchirappalli.

Copy to:- 1.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai(2 Copies) 2.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 06/12/2022 ==========================

ORDER

========================== CMP(MD)No.10897 of 2022 in AS(MD)No.647 of 2011 Giving direction and etc.

as stated within.

AMS(13.12.2022) 2P 5C https://www.mhc.tn.gov.in/judis 2/2