Madras High CourtCMP(MD)/1540/2023ordered

Kalai @ Balagurunathan, v. B.Balagurunathan, (Died),

2023-03-24Honourable Mr Justice N. Sathish Kumar2 pages

CMP(MD) No.1540 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Fourth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR CMP(MD) No.1540 of 2023 IN AS No.1089 of 1988 KALAI @ BALAGURUNATHAN ... PETITIONER/PETITIONER/ APPELLANT Vs 1 B.BALAGURUNATHAN, (DIED), ... 1st RESPONDENT 2 B.AMMAIYAPPAN, 3 B.AVUDAIYAMMAL (DIED), 4 PANDIYA THEVAR (DIED), 5 M.C.BALRAJA (DIED), 6 RAMASUBRAMANIYAM (DIED), ... RESPONDENTS 3 TO 6 7 PANDIYAN, 8 MINOR JAYABALA GURUNATHAN (DIED) ... 8th RESPONDENT 9 SENTHURPANDIAN, ... RESPONDENT/RESPONDENTS 2,7 &9/ RESPONDENTS 2,7 & 9 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order dated 10.08.2022 passed in C.M.P.(MD).No.6174 of 2022 in A.S.No.1089 of 1988 and restore C.M.P.(MD).No.6174 of 2022 in A.S.No.1089 of 1988 to the file of this Honourable Court and render justice.

PRAYER IN AS.No.1089/1988:

Pleased to prefer this Memorandum of First Appeal against the judgment and decree dated 22.02.1988 made in O.S.No.61 of 1984 on https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.1540 of 2023 the file of Sub Court, Srivilliputhur in so far they are against the appellant.

Prayer in CMP(MD). 6174/ 2022 :

To condone the delay of 1574 days in filling the petition for resotration of the A.S.No.1089 of 1998 on the file of the of this Hon`ble Court.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.M.MADASAMY, Advocate for the petitioner, the court made the following order:- Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed. 2.The Registry is directed to restore the CMP(MD).No.6174 of 2022 in A.S.No.1089 of 1988 and list the same for hearing. sd/- 24/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO THE SUBORDINATE JUDGE, SRIVILLIPUTHUR.

COPY TO:

THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.1540 of 2023 IN AS No.1089 of 1988 Date :24/03/2023 SA/SBN/SAR.4/28.03.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2