K.Dhavamani, v. State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Nineteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMP(MD). No.4695 of 2016 IN SA(MD) No.680 of 2006

1. K.Dhavamani,

2. K.Rajeswari,

3. K.Saravanan,

4. K.Shankar,

5. K.Jayanthi, Thro. Their Power Agent A.Renganathan, 2/3, Vinayagar Kovil St.

Swarnapuri Salem ... Petitioner/Proposed Appellant Vs 1 State of Tamilnadu, Represented by its District Collector, Madurai.

2 The Superintendent Engineer (Pwd) Project Circle, Madurai.

3 Thee Executive Engineer,(Pwd) Soothuparai Reservoir Project Division, Periyakulam.

... Respondents/Respondents Prayer in CMP(MD). No.4695 of 2016:- This Civil Miscellaneous Petition is filed under order 41 Rule 19&sec 151 of C.P.C.,to restore S.A(MD) No.680/2006 dismissed for default on 28.03.2016.

Prayer in SA(MD) No.680 of 2006:- This Second Appeal is filed under section 100 of C.P.C.,To set aside the Judgment and Decree of the Sub Judge, Periyakulam in OS.15/1996 dated 24.12.2003 and the Judgment and Decree of the District Judge, Madurai in AS.185/2004 dated 31.08.2005 and allow this appeal and decree the suit as prayed for with costs through out.

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.C.Arunmozhi Rajashankar, Advocate for the Petitioner and of Mr.A.Baskar, Additional Government Pleader for the respondents, this Court made the following order:

"Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the Second Appeal is restored."

Sd/- Assistant Registrar(CS I) // True Copy // /08/2023 Sub Assistant Registrar(CS)

TO 1.The District Judge, Madurai.

2. The Sub Judge, Periyakulam.

3. State of Tamilnadu, Represented by its District Collector Madurai.

4. The Superintendent Engineer, (PWD Project Circle Madurai.

5. Thee Executive Engineer,(PWD) Soothuparai Reservoir Project Division Periyakulam.

6. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai Copy to:

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

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

ORDER DATED : 19/07/2023 ==========================

ORDER

========================== CMP(MD). No.4695 of 2016 IN SA(MD) No.680 of 2006 Giving direction and etc.

as stated within.

MGJ(11.08.2023) 4P 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023