Madras High CourtCMP(MD)/10511/2023ordered

Karuppaiah (Died), v. Uma Mageshwari,

2023-09-05Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Fifth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in AS(MD) No.189 of 2021 Karuppaiah (Died), Mariyayee (Died) 1.Vijaya 2.Muthuraman 3.Sutha 4.Kesavan ... Petitioners/Appellants Vs 1 . Uma Mageshwari, 2 . Vijaya, 3 . Senthil, 4 Muthulakshmi, 5 . Prahadhampal, 6 . Kowsalya,

7. Balasubramanian,

8. Malathi, 1/3

9 . Prabhakaran, 10 .Prasath, ... Respondents/Respondents Prayer :- This Civil Miscellaneous Petition filed under Order 12, Rule 19 OF cpc.To Restore the CD No.5543 of 2023 Struck of On 22.06.2023 in A.S.(MD).NO.189 of 2021 and thus render justice.

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. N. Balakrishnan, Advocate for the Petitioner and of Mr. M.Karthikeya venkatachalapathy, Advocate for the 1st respondent and M.Suriya Narayanan for R2 TO R7, R9& R10 and none appeared for the 8th respondent either in person or by an advocate, this Court made the following order: The Civil Miscellaneous Petition has been filed seeking orders to restore the CD.No.5543 of 2023 struck of on 22.06.2023 in A.S(MD)No.189 of 2021.

2. Records perused. Heard the learned counsel for the petitioner and also the first respondent/contesting respondent.

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3.The learned counsel for the contesting respondent would submit that they are not having any serious objections to allow this petition.

4. Considering the above, this petition is allowed. Sd/- Assistant Registrar (CS-III) // True Copy // /09/2023 Sub Assistant Registrar(CS) das TO THE ADDITIONAL DISTRICT JUDGE,PUDUKKOTTAI.

COPY TO:

THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ORDER DATED : 05/09/2023 ==========================

ORDER

========================== in AS(MD)No.189 of 2023 Giving direction and etc.

as stated within.

RD(13/09/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3