Ramachandran v. Palaniappan (Died) 2.Thiyagarajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Ninth day of April Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G.ILANGOVAN in S.A.(MD)No.10 of 2006 Ramachandran ... Petitioner Vs 1 Palaniappan (Died) 2.Thiyagarajan 3 Arukkaniammal (Died) 4 Saraswathy (Died) 5 K.Nathappan Udaiyar(Died) [Memo presented before the Court On 07.02.2025 is Recorded as R5 died, RR6 & 7 who are already on record as LRs of the deceased R5, vide court order dated 07.02.2025 made in CMP(MD)No.11608/2024 in S.A.(MD)No.10/2006 by GIJ] 6 Dhansekari 7 Thangam 8 P.Vairam 1/4

9 R.Muthukumar 10 P.Roja 11 P.Gubendran ... Respondents Prayer :- Civil Miscellaneous Petition filed under order XLI Rule 19/r/w section 151 of C.P.C., to set aside the order dated 28-06-2024 and restore the S.A.(MD).No.10 of 2006 which was dismissed for default on 28-06-2024. Prayer in S.A.(MD)No.10 of 2006:- Second Appeal filed under section 100 of the Civil Procedure Code, against the judgment and decree, dated 24.03.2004 passed in A.S.No.70 of 2003 on the file of the District Court, Pudukkottai, reversing the judgment and decree, dated 28.02.2003 passed in O.S.No.143 of 2000 on the file of the Additional District Munsif, Pudukkottai.

ORDER:- This 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. Ramakrishnan, Advocate for the Petitioner, and of Mr. J. Anandkumar, Advocate for the 6th to 10th respondents, this Court made the following order: "Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Civil Miscellaneous Petition stands allowed and the order dated 28.06.2024 made in S.A.(MD)No.10 of 2006 is set aside. 2/4

2. Registry is directed to restore the Second Appeal on file and post before this Court on 10.06.2025."

Sd/- ASSISTANT REGISTRAR (CS-I) // True Copy // /2025 Sub Assistant Registrar ( CS-I / II / III / IV ) TO

1. The District Court, Pudukkottai.

2. The Additional District Munsif, Pudukkottai. Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 3/4

ORDER DATED : 09/04/2025 ==========================

ORDER

========================== in S.A.(MD)No.10 of 2006 AS - (23.04.2025) 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4