Madras High CourtCMP(MD)/8596/2022ordered

Pandi v. V.Kamachi(Died)

2024-03-01Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the First day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. DHANABAL CMP(MD). No.8596 of 2022 in AS(MD).No.189 of 2011

1. Pandi

2. Muthuraman

3. Pothumponnu

4. Karthick ... Petitioners/Appellants Vs 1 V.Kamachi(Died) .. 1st Respondent 2 Kathaiah 3 Rengan 4 Ganesan (Died) 5 Kamalam 6 Angammal(Died) 7 Vasanthal 8 Amirtham @ Pothumponnu, 9 Mangayee .. Respondents No.2 to 9/ Respondents No.2 to 9 10 Shanthi 11 Kannadasan 12 Thirunavukarasu 13 Santhya .. Respondents No.10 to 13 (Respondents No.10 to 13 are brought on record as LRS of the deceased 4th respondent vide Court order dated 15.03.2023 made in CMP(MD).

No.1967/2023 in AS(MD).No.189/2011) 1/4

14 Rani 15 Muthulakshmi 16 Selvaras 17 Parameswari ... Respondents No.14 to 17 (Respondents No.14 to 17 are brought on record as LRS of the deceased 6th respondent vide Court order dated 21.09.2023 made in CMP(MD).Nos.4453 and 4455 of 2023 in AS(MD).No.189/2011) Prayer :- Civil Miscellaneous petition filed under Order 41 Rule 19 of Civil Procedure Code to set aside the order passed by this Court in A.S.(MD).No.189 of 2011 dated 15.07.2022 and Restore the same on the file.

Prayer in A.S.(MD).No.189 of 2011:

Appeal Suit is filed under Section 96 of the Code of Civil Procedure to set aside the decree and judgment made in O.S.No.6 of 2006 dated 27.04.2011 on the file of the learned District Judge, Sivagangai ORDER:- This Civil Miscellaneous petition is 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. K.P.Narayanakumar, Advocate for the Petitioner and of Mr. Mr.S.P.Maharajan, Advocate for Respondent No.2 and 3, none having appeared for the Respondents No.5, 7 to 16 either in person or through Counsel, this Court made the following order: This petition has been filed to restore the appeal which was dismissed for default on 15.07.2022.

2. The learned counsel appearing for the respondents 2 and 3 has no objection for allowing this petition. Some of the respondents names also printed in the cause list, no one appeared on behalf of them.

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3. Considering the reasons stated in the affidavit filed in support of this petition, this petition stands allowed.

4. Registry is directed to list the appeal on 07.03.2024. Sd/- Assistant Registrar(CO) // True Copy // /03/2024 Sub Assistant Registrar (CS - I/ II / III /IV) TO The District Judge, Sivagangai.

Copy to:

1. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (for posting the matter on 07.03.2024)

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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ORDER DATED : 01/03/2024 NEXT DATED : 07/03/2024 ========================== RESTORATION ORDER ========================== CMP(MD). No.8596 of 2022 in AS(MD).No.189 of 2011 MK/05.03.2024 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4