C.Chinnadurai v. G.Angappan Died 2. A.Sundari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Thirtieth day of August Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMP(MD). No.10468 & 9489 of 2023 in S.A(MD).No.56 of 2014 C.Chinnadurai .. Petitioner/Petitioner/ Petitioner/Appellant Vs 1 G.Angappan (Died) 2 A.Sundari 3 A.Ganapathy @ Prabakaran 4 A.Subbuthai @ Suba ... Respondent 2 to 4/ Respondents 2 to 4/ Respondents 2 to 4/Respondents 2 to 4/ Lrs of deceased sole Respondent / Proposed Respondents 2 to 4 Prayer :- Civil Miscellaneous Petition No.10468 of 2023 is filed Under Section 148 of CPC to extend the time limit for payment of cost ordered in C.M.P.(MD)No.1646 of 2023 dated 23-06-2023.

Prayer in CMP(MD). 9489/ 2023 :

Civil Miscellaneous Petition is filed Under Section 41, Rule 19 of CPC to set aside the order dated 06.07.2023 passed in CMP(MD) No.1646 of 2023 and restore the same.

Prayer in CMP(MD). 1646/ 2023 :

Civil Miscellaneous Petition is filed Under order 4 R 9 (4) of AS Rules to

Condone the Delay of 361 days in representing the extension petition in C.M.P. (MD).SR.No.63579 of 2021.

Prayer in SA(MD). 56/ 2014 :

Second Appeal is filed under Section 100 of CPC against the Judgment and decree passed in A.S.No.125/2012 dated 29.01.2013 on the file of the Court of Principal Sub Court, Tirunelveli confirming the judgment and decree passed in O.S.No.2/2009 dated 05.07.2012 on the file of the 2nd Additional District Munsif Court, Tirunelveli.

ORDER:- These Civil Miscellaneous Petitions coming on for orders on this day and upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.H.Arumugam, Advocate for the Petitioners, this Court made the following order:

"Order of this Court dated 23.06.2023 is complied with. Cost Memo filed along with a copy of Challan. Memo is recorded.

2. In view of the above, the order dated 06.07.2023 in C.M.P.(MD)No.1646 of 2023 is set aside and the said CMP is restored to file. Accordingly, C.M.P.(MD) No.9489 of 2023 is ordered."

Sd/- Assistant Registrar(AS) // True Copy // /09/2023 Sub Assistant Registrar(CS) MBI

TO

1. The Principal Subordinate Judge, Tirunelveli.

2. The 2nd Additional District Munsif, Tirunelveli. Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (for posting the matter) BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Hon`ble Mr.Justice KRISHNAN RAMASAMY ORDER DATED : 30/08/2023 ==========================

ORDER

========================== CMP(MD). No.10468 & 9489 of 2023 in S.A(MD).No.56 of 2014 SI(20.09.2023) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.