Madras High CourtCMP(MD)/2/2023allowed on condition

Nallusamy v. Sri Ramulu

2023-07-07Honourable Mr Justice P. Velmurugan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Second day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMP(MD). No.2,3 of 2023 and CMP(MD). No.9605,9607 of 2023 in SA(MD)No.81,82 of 2008 Nallusamy ... Petitioner/Appellant in all petitions Vs 1 Sri Ramulu 2 Seetha Raman 3 Thulasi Raman(Died) 4 Saraswathi 5 Ramalingam(Died) 6 Radhakrishnan 7 Purusothaman 8 Ammaiyakkal 9 Vempayi 10 Chellamuthu 11 Ravichandran

12 Arukkani 13 Rukmani 14 Prema 15 Kala @ Sasikala 16 Skunthala 17 Dhanalakshmi 18 Tsivaramakrishnan 19 Thiruvenkada Madhavan 20 Andal ... Respondent/Respondent in all petitions Prayer in CMP(MD). 2/ 2023 :- This Miscellaneous Petition filed under section 5 of Limitation Act to condone the delay of 1 day in filing the application in C.M.P.(MD).SR.No.16529 of 2019 to restore the above second appeal in S.A.(MD).No.81 of 2008 and thus render justice. Prayer in CMP(MD). 3/ 2023 :

This Miscellaneous Petition filed under section 5 of Limitation Act to condone the delay of 1 day in filing the application in C.M.P.(MD).SR.No.16530 of 2019 to restore the above second appeal in S.A.(MD).No.82 of 2008 and thus render justice. Prayer in CMP(MD). 9605/ 2023 :

This Miscellaneous Petition filed under Order 41 , Rule 19 of CPC to restore the above second appeal in S.A(MD).No.81 of 2008 which was dismissed for default on

12-03-2019 and pass such other orders as this Honourable Court deems fit and proper in the circumstances of the case, and thus render justice. Prayer in CMP(MD). 9607/ 2023 :

This Miscellaneous Petition filed under Order 41 , Rule 19 of CPC to restore the above second appeal in S.A(MD).No.82 of 2008 which was dismissed for default on 12-03-2019 and pass such other orders as this Honourable Court deems fit and proper in the circumstances of the case, and thus render justice. Prayer in SA(MD). 81/ 2008 :

This Grounds of Second Appeal filed under Section 100 of CPC the Appellant above named begs to prefer this Memorandum of SA against the Judgment and Decree passed in AS.149/1993 on the file of the Sub Court, Karur dated 29/09/2006 confirming the Judgmentf and Decree passed in OS.944/1991 on the file of the District Munsif Court, Karur 30/06/1993.

Prayer in SA(MD). 82/ 2008 :

This Grounds of Second Appeal filed under Section 100 of CPC the Appellant above named begs to prefer this Memorandum of SA against the Judgment and Decree passed in AS.150/1993 on the file of the Sub Court, Karur dated 29/09/2006 confirming the Judgment and Decree passed in OS.1168/1991 on the file of the District Munsif Court, Karur 30/06/1993.

ORDER:- This 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 Ms. R. Balakrishnan, Advocate for the Petitioner, this Court made the following order:

It is seen that the conditional order dated 07.07.2023 passed in C.M.P(MD) Nos.2 and 3 of 2023 have been been complied with and cost memos are filed. Hence, C.M.P(MD)Nos.2 and 3 of 2023 are allowed. Since C.M.P(MD)Nos.2 and 3 of 2023 are allowed, the connected CMP(MD)Nos.9605 and 9607 of 2023 are allowed and the second appeals are restored.

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

1. THE SUBORDINATE JUDGE, KARUR

2. THE DISTRICT MUNSIF ,KARUR Copy to:

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

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

Hon`ble Mr.Justice KRISHNAN RAMASAMY ORDER DATED : 02/08/2023 ==========================

ORDER

========================== CMP(MD). No.2,3 of 2023 and CMP(MD). No.9605,9607 of 2023 in SA(MD)No.81,82 of 2008 MGJ(21.08.2023) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023