Vaithiammal v. Kamalambal Achi (Died), Al.Vr.Al.Subramanian Chettiar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty Third day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice MUMMINENI SUDHEER KUMAR in SA.No.1510 of 1998

1. Vaithiammal

2. SP.Rengammal (Died)

3. R.Ganesan (Died)

4. RM.Shanmugam

5. Muthathal ... Petitioners 1, 4 & 5/ Appellants 1 to 5

6. Velayutham

7. Banumathi

8. S.Vallimayil

9. Kaliammal

10. Muruganantham

11. Karpagam ... Petitioner 6 to 11/ Proposed Appellants 6 to 11

12. S.Saminathan (Petitioner No.12 is impleaded as per the order of this Court dated 29.09.2023 made in CMP(MD).No.13253 of 2023 in SA.No.1510 of 1998) Vs 1 Kamalambal Achi (Died), 2 AL.VR.AL.Subramanian Chettiar 3 Kailasa Thevar(Died) 1/6

4 Rukmani 5 Muthuraman 6 Shanmugam Asari 7 Sathyeya Ammal 8 SP.Ramiah,(Died) 9 Venkatachalam Pillai 10 Chellaiah 11 Kalyaniammal 12 Perumal Naidu 13 SP.Periasami 14 Karuppiah 15 AL.VR.Ramanathan Chettiar 16 AL.VR.AL.Veerappan Chettiar 17 M.Ramanathan 18 M.Subramanian 19 S.V.Krishnan 20 Panchavarnam 21 G.Alagammal 22 G.Muthukumar 2/6

23 Srikumar 24 G.Vasantha 25 Kayambu 26 Rajeswari 27 Lalitha .. Respondents No.1,2,4 to 7,9 to 27/ Respondents No.1 to 27 28 P.Valliappan 29 P.Kamala 30 Kayalvizhi 31 Nepolian 32 Vasanthi 33 Muthulakshmi 34 M.Ponnathal ... Respondents No.28 to 34/Proposed Respondents No.28 to 34 Prayer :- Civil Miscellaneous petition filed under Order 41 Rule 19 of CPC 1908 to set aside the dismissal order dated 25-03-2019 made in S.A.No.1510 of 1998 on the file of this court and restore the same.

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Prayer in SA No.1510 of 1998:

Second Appeal filed under Section 100 of Civil Proceure Code against the judgment and decree of the Learned District Judge, Sivagangai, dated 24.12.1996 in A.S.No.15 of 1996 confirming the judgment and decree of the Learned Subordinate Judge, Sivagangai in I.A.No.256 of 1990 in O.S.No.31 of 1976 dated 07.10.1994. 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. V.George Raja, Advocate for the Petitioner and of Mr.N.Tamilmani, Advocate for the Respondents No. 26 and 27, Mr.G.Prabhu Rajadurai Advocate for the Respondents No.28 and 29, this Court made the following order:

"This petition has been filed to set aside the order of dismissal, dated 25.03.2019 made in SA.No.1510 of 1998 on the file of this Court.

2. The learned counsel appearing for the contesting respondent Nos. 28 and 29 have no objection for allowing this petition. 4/6

3. In view of the said submission, this petition is ordered subject to the condition that the learned counsel for the appellants be ready for argument in Second Appeal as and when the matter is posted for hearing, without seeking further adjournment."

Sd/- Assistant Registrar(C.O) // True Copy // /02/2024 Sub Assistant Registrar (CS-I/II/III/IV) TO

1. The District Judge, Sivagangai.

2. The Subordinate Judge, Sivagangai.

Copy to:

1. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court. Madurai.(2 Copies). 5/6

ORDER DATED : 23/01/2024 NEXT DATED : 12/02/2024 ==========================

ORDER

========================== in SA.No.1510 of 1998 SI-(02.02.2024) 6P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6