Madras High CourtCMP(MD)/10601/2022ordered

R.Ramasamy (Died), R. Rajendran v. R. Krishnasamy(Died), Ms.Gandhi Mathi

2023-03-20Honourable Mr Justice N. Sathish Kumar2 pages

CMP(MD). No.10601 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twentieth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR CMP(MD). No.10601 of 2022 in AS(MD)No.177 of 2010 1.R.Ramasamy (Died) 2.R.Rajendran 3.R.Senthil ... Petitioners 2 & 3/Appellants 2 4.R.Ramarathinam ... 4th Petitioner/Proposed 4th APPELLANT Vs 1 R. Krishnasamy(Died) 2 Ms.Gandhi Mathi 3 Umavathi 4 Thirumalaisamy 5 Saraswathi ... RespondentS 2- 5/RespondentS 2-5 Prayer :- CMP(MD). No.10601 of 2022 Petition filed under order 41 Rule 19 of Civil Procedure Code to set aside the order of dismissal for default made on 22-07-2022 and to restore the appeal to file for disposal on merits and thus render justice.

Prayer: - AS(MD) NO.177 of 2010 First Appeal filed under section 96 of the Civil Procedure Code against the decree and judgment made in O.S.No.74 of 2008, dated 17.03.2010, on the file of the Additional District Judge, Fast Track Court, Dindigul.

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.A.R.Sethupathy , Advocate for the Petitioner and of Mr.M.R.Sreenivasan Advocate for the Respondents 2 to 5, this Court made the following order:

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CMP(MD). No.10601 of 2022 " Heard both sides This petition is ordered and the above said appeal is restored on file"

Sd/- Assistant Registrar (CS-II) // True Copy // /03/2023 Sub Assistant Registrar(CS) TO The Additional District Judge, Fast Track Court, Dindigul Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 20/03/2023 Next Date : 29/03/2023 ========================== Restore ========================== CMP(MD). No.10601 of 2022 in AS(MD)No.177 of 2010 Giving direction and etc.

as stated within.

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