Madras High CourtCMP(MD)/6826/2022ordered

Kalagamani, v. 1. Sundarathammal (Died), 2. M.Rangasamy (Died), 3. P. Kandasamy (Died), 4, K. Anbumani (Died),

2023-02-01Honourable Mrs Justice N. Mala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the First day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice N.MALA in AS No.262 of 1992 Kalagamani ... Petitioner/Appellant Vs 1 Sundarathammal (Died)

2. M.Rangasamy (Died)

3. P.Kandasamy (Died) 4 K. Anbumani (Died)

5. R. Amsavalli (Died) ... / Respondents 1- 5

6. R. Anbazhagan 7 R. Sampath 8 R. Arasu 9 R. Manoharan ... Respondents 6- 9/Respondents 6-9 10 Anbukarasi ( Died) 11 Alaguselvi ( Died) ... / Respondents 10, 11 ( Lrs of R-1) 12 Ramya Prabha 13 Kiruthika Devi ... Respondents 12, 13/ Proposed Respondents 12, 13 (Lrs of R4) 14 Senthilkumar 15 Sasikumar 16 Kavitha 17 Megala ... Respondents 14 - 17 / Proposed Respondents 14 - 17 Lrs of R-10) 1/3

18 Rajesh 19 Suresh 20 Satheesh ... Respondents 18 - 20 /Proposed Respondents 18 - 20 (Lrs of R11 ) Prayer :- CMP(MD). No.6826 of 2022 Civil Miscellaneous Petition filed under order 41 Rule of 19 of Civil Procedure Code To set aside the order dated 14.07.2022 passed by this Honourable Court in A.S. No. 262 of 1992 and restore the above appeal on file in respect of respondents 10 and 11 and thus render justice.

Prayer : - AS No.262 of 1992 Appeal Suit filed under Section 96 of the C.P.C. And order 41 Rule 1 CPC against the judgment and decree of the I Additional Subordinate Judge, Trichy in O.S. No.210 No.1988 dated 02.12.1991. 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.N.C.Ashok Kumar , Advocate for the Petitioner this Court made the following order:On 14.07.2022 this Court dismissed the appeal in A.S.No.262 of 1992 as abated as against the respondents 10 and 11. The appellant's counsel has filed a petition in C.M.P.SR.No.44428, 44429 and 44430 and C.M.P.SR.No.44431, 44432 and 44433 of 2023 to bring on record the legal heirs of the deceased respondents 10 and 11 respectively.

2. In view of the fact that the appellant has taken steps to implead the legal heirs of the respondents 10 and 11, the appeal in AS.No.262 of 1992 is restored and this Civil Miscellaneous Petition is ordered.

3. Registry is directed to post the main matter on 13.02.2023. Sd/- Assistant Registrar(CS-II) // True Copy // /02/2023 Sub Assistant Registrar(CS) TO I Additional Subordinate Judge, Trichy.

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Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 01/02/2023 Next Hearing : 13/02/2023 ==========================

ORDER

========================== in AS NO.262 of 1992 Giving direction and etc.

as stated within.

KB(10.02.2023) 3P 3C 3/3