Madras High CourtCMP(MD)/10093/2019dismissed

M.Subbulakshmi, v. A.Arumugakani,

2020-03-04Honourable Mr Justice Rmt. Teekaa Raman2 pages

CMP(MD) No.10093 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fourth day of March Two Thousand Twenty PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.10093 of 2019 IN CROS.OBJ(MD) No.SR15149 of 2016 M.SUBBULAKSHMI ... PETITIONER/PETITIONER/ CROSS OBJECTOR Vs 1 A.ARUMUGAKANI 2 M.MUTHULAKSHMI 3 K.SUMATHI 4 B.TAMILSELVI 5 P.SELVALAKSHMI 6 A.MUTHUSEKARI ACHARI 7 A.PALAVESA KARTHIKEYAN ACHARI ... RESPONDENTS/ RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to restore the CMP(MD)No.4547 of 2016 in Cross Appeal.SR.(MD) No.15149 of 2016 in which dismissed as no representation dated 04.10.2019 on the file of this Hon'ble Court and thus render justice.

Prayer in CMP(MD). 4547/ 2016 :

Pleased to condone the delay of 1664 days in filing this Cross Appeal and thus render justice.

PRAYER IN CROS.OBJ(MD) No.SR15149 of 2016:

To allow the Cross Appeal against the Grounds of Second Appeal is SA(MD)No.377 of 2011 against the judgment and decree passed in A.S.No.80 of 2005 dated 27.05.2008 on the file of the Additional District Judge(FTC-I), Thoothukudi in O.S.No.255 of 2000 dated 11.02.2005 on the file of the Sub Judge, Thoothukudi. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.MUTHUVIJAYAPANDIAN, Advocate for the petitioner and of Mr.M.P.SENTHIL, Advocate on behalf of the Respondents, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.10093 of 2019 This Civil Miscellaneous Petition is filed to restore C.M.P(MD) No.4547 of 2016 in Cros. Obj.(MD)SR.No.15149 of 2016 in SA(MD)No.377 of 2011 on the ground that the petitioner was not able to present on 04.10.2019 and hence, the condone delay petition was dismissed on that day.

2. It is seen that my predecessor had passed orders in the condone delay petition on merits and therefore, the question of restoration does not arise. Hence, this Civil Miscellaneous Petition is dismissed.

3.The Registry is directed to post the main second appeal on 19.03.2020.

sd/- 04/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITONAL DISTRICT JUDGE(FTC-I), THOOTHUKUDI.

2.THE SUBORDINATE JUDGE, THOOTHUKUDI.

ORDER IN CMP(MD) No.10093 of 2019 IN CROS.OBJ(MD) No.SR15149 of 2016 Date :04/03/2020 pm TK/JC/SAR.3/011.03.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2