Madras High CourtCMP(MD)/8481/2019ordered

Santhakumari v. Thankaraj

2019-09-26Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the Twenty Sixth day of September Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice N.ANAND VENKATESH in CRP PD(MD).No.2097 of 2011 1 Santhakumari 2 Sheela

...Petitioners/Petitioners

Vs 1 Thankaraj 2 Chellammal 3 Rajamony 4 Leelavathi 5 Jayakumar 6 Larsan 7 Kamalan 8 George 9 Rosammal 10 Kannadasan 11 Senthilkumar 12 Ganesh 13 Thankaleela 14 Amirthabai 15 Stella 16 Shyla 17 Leela 18 Isravel 19 Kumaradhas 20 Gnanadas 21 Wilson 22 Mary Suseela 23 Rojarbinni 24 Anisha ... Respondents/Respondents Prayer in CMP(MD). No.8481 of 2019 :- Civil Miscellaneous Petition is filed under Order 9 Rule 9 and section 151 of Civil Procedure Code, praying this Hon'ble Court to set aside the order dated 28.08.2019 of this Honourable Court in the above CRP(MD)No.2097 of 2011 on its file, whereby the C.R.P. was dismissed for non-prosecution, restoring the C.R.P to file. 1/3

Prayer in CRP(MD)No.2097 :

Civil Revision Petition is filed under Section 115 of Code of Civil Procedure, praying this Hon'ble Court to set aside the order and decreetal order dated 28.03.2011 on the file of the II Additional District Munsif, Kuzhithurai made in I.A.No.16 of 2010 in O.S.No.110 of 1990.

ORDER:- Civil Miscellaneous Petition is coming upon for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.N.Thambi, Advocate for the Petitioners and of Mr.D.Nallathambi, Advocate for 1st Respondent and of Mr.C.Rajkumar, Advocate for the Respondents Nos.6, 22, 23 and 24 this Court made the following order: Restoration ordered. The Civil Revision Petition is Restored back on file.

2. The learned counsel appearing for the petitioners submitted that the 1st respondent has died in both the Civil Revisions Petitions and the Legal Representatives will have to be brought on record.

3. Post this case on 18.10.2019 and in the meantime, steps will be taken and the case will be finally heard on that day. Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar TO The II Additional District Munsif, Kuzhithurai Copy to:

1 The Section Officer, Judicial Section Madurai Bench of Madras High Court, Madurai (To List the matter on 18/10/2019) 2 The Section Officer, VR Section Madurai Bench of Madras High Court, Madurai. ( 2 copies) (To List the matter on 18/10/2019) 2/3

ORDER DATED : 26/09/2019 ==========================

ORDER

========================== Giving direction and etc., as stated within.

JM/15.10.2019/2P/5C 3/3