Madras High CourtCMP(MD)/11063/2023allowed with costs

M.Kamala v. Balasubramaniyan

2024-04-25Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fifth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY IN CMP(MD) No.5754 of 2022 IN AS(MD) No.179 of 2020 1 M.KAMALA 2 GNANASEKAR 3 KAVITHA 4 TAMILSELVAN 5 VALLI 6 MURUGAN 7 KUMAR 8 THANGAM 9 RAJESWARI 10 KAMALAHASAN 11 M.GOPINATH ... PETITIONERS/APPELLANTS Vs 1 BALASUBRAMANIYAN 2 M/S.CITY UNION BANK REPRESENTED BY ITS MANAGER, SIGC CAMPUS, KALIAMMAN KOIL STREET, TIRUCHIRAPPALLI - 620002 1/3

3 M/S.STATE BANK OF INDIA LTD., ADMINISTRATIVE OFFICE, CANTONMENT, TRICHY ZONE, TIRUCHIRAPPALLI.

... RESPONDENTS/RESPONDENTS Prayer in CMP(MD).11063/2023 :

To pass an order condoning the delay of 451 days in filing the First Appeal CMP (MD) No.5754 of 2022 in A.S.(MD) No.179 of 2020. Prayer in CMP(MD). 5754/ 2022 :

To pass an order restoring the first appeal in A.S. (MD) No.179 of 2020 which was dismissed for default on 28.04.2022 for non-prosecution. Prayer in AS(MD). 179/ 2020 :

To set aside the judgment and decree dated 4th day of August 2018 mad e in O.S.No.160 of 2013 on the file of the III Additional District Judge, Tiruchirappalli by allowing this appeal and dismiss the suit in O.S.No. 160 of 2013. ORDER : This Civil Miscellaneous 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.SHANGAR MURALI, Advocate for the petitioner and of MR.M.VIVEK BHARATHI, Advocate on behalf of the 1st Respondent and MR.M.PRAKASH, Advocate on behalf of the 2nd Respondent and MR.C.KARTHIK, Advocate on behalf of the 3rd Respondent, the court made the following order:- This petition is allowed on condition that the Appellants are directed to pay a sum of Rs.1,000/- to the learned counsel for the respondents, on or before 05.06.2024. Post on 06.06.2024.

sd/- 25/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE III ADDITIONAL DISTRICT JUDGE, TIRUCHIRAPPALLI.

+1 CC to M/s.K.S.SANKAR MURALI, Advocate ( SR-4879[I] dated 25/04/2024 )

ORDER

IN IN CMP(MD) No.5754 of 2022 IN AS(MD) No.179 of 2020 Date :25/04/2024 RS/JGB/SAR-(30.04.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3