Madras High CourtCMP(MD)/8608/2022ordered

Thenammai Achi (Died), v. V.Muthuveerapppa Chettiar(Died),

2022-12-08Honourable Mrs Justice N. Mala2 pages

CMP(MD)No.8608 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Eighth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice N.MALA CMP(MD)No.8608 of 2022 in AS(MD)No.172 of 2011 1.Thenammai Achi (Died) ... 1st Appellant 2.Deivanai Achi 3.Subaramaniyan 4.Veerappan 5.Yegappan ... Petitioners 2 to 5 / Appellants 2 to 5 Vs V.Muthuveerapppa Chettiar(Died) 1.P.Sanniyasi 2.P.Anjappan 3.L.Lakshmanan 4.M.Murugan 5.C.Ramaiah 6.Paramasivam 7.A.Mani 8.C.Karuppaiah 9.Kamala Ramanathan 10.Ramesh 11.Vasantha 12.Meenakshi 13.Thenmozhi 14.Malar @ Malarvizhi 15.Thirumalai 16.Lakshmanan @ Karuppaiah ... Respondents / Respondents Prayer in CMP(MD)No.8608 of 2022 :- Civil Miscellaneous Petition filed under Order 41 R 19 of C.P.C.

, pleased to set aside the order passed by this Hon'ble Court in A.S(MD)No.172 of 2011 dated 22.07.2022 and RESTORE the same on the file and thus render justice. Prayer in AS(MD)No.172 of 2011:- First Appeal filed under Section 96 of the Civil Procedure Code against the decree and judgment made in O.S.No.116 of 2004, dated 30.07.2010, on the file of Principal District Judge, Pudukkottai.

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CMP(MD)No.8608 of 2022 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.K.P.Narayanakumar, Advocate for the Petitioner and of M/s.A.L.Ganthimathi, Advocate for the 9th Respondent, this Court made the following order:- "This petition is filed to restore the appeal on file, which was dismissed for non-prosecution on 22.07.2022. 2.I have gone through the affidavit filed in support of the petition and I am satisfied with the reasons stated therein. Therefore, this Petition is allowed and the appeal is restored on file."

Sd/- Assistant Registrar (CS II) // True Copy // /12/2022 Sub Assistant Registrar(CS) TO The Principal District Judge, Pudukkottai.

Copy to:

1.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

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

ORDER DATED : 08/12/2022 ==========================

ORDER

========================== CMP(MD)No.8608 of 2022 in AS(MD)No.172 of 2011 ED(22.12.2022) 2P 4C https://www.mhc.tn.gov.in/judis 2/2