Madras High CourtCMP(MD)/12524/2022allowed

R.Pandurangan (Died) 2.P.Muthulakshmi v. A.Ponnian

2023-01-27Honourable Mr Justice S. Sounthar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Seventh day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice S.SOUNTHAR CMP(MD)Nos.12524, 12525 & 12523 of 2022 in SA(MD)Nos.639, 640 & 641 OF 2010 1 R.PANDURANGAN (DIED) 2.P.MUTHULAKSHMI, 3 RAMANARAYANAN, 4 NATCHIAR, 5 PERUMAL, ... PETITIONERS/PETITIONERS /PROPOSED APPELLANTS IN ALL PETITIONS Vs A.PONNIAN ... RESPONDENT/RESPONDENT IN ALL PETITIONS Prayer in CMP(MD)No.12524/2022 IN SA(MD)No.639 of 2010: Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order dated 27-08-2020 dismissing the CMP(MD). No.8640 of 2016 in SA(MD).No.639 of 2010 on the file of this Honourable Court for default and non -payment of cost. PRAYER IN SA(MD)No.639 of 2010:

Pleased to set aside the judgment and decree dated 11.11.2009 made in A.S.No. 160 of 2007 on the file the Subordinate Judge, Valliyoor reversing the judgment and decree dated 25.04.2007 made in O.S.No.321 of 2004 on the file of the Additional District Munsif, Nanguneri and allow this second appeal .

Prayer in CMP(MD)No. 12525/ 2022 IN SA(MD)No.640 of 2010: To set aside the order dated 27/08/2020 dismissing the CMP (MD).No.8643 of 2016 in SA(MD).No.640 of 2010 on the file of this Honourable Court for non -payment of cost.

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PRAYER IN SA(MD)No.640 of 2010:

Pleased to set aside the judgment and decree dated 11.11.2009 made in A.S.No. 163 of 2007 on the file the Subordinate Judge, Valliyoor reversing the judgment and decree dated 25.04.2007 made in O.S.No.320 of 2004 on the file of the Additional District Munsif, Nanguneri and allow this second appeal.

Prayer in CMP(MD). 12523/ 2022 in SA(MD)No.641 of 2010: To set aside the order dated 27-08-2020 dismissing the CMP (MD).No.8646 of 2016 in SA(MD).No.641 of 2010 on the file of this Honourable Court for non -payment of cost .

PRAYER IN SA(MD)No.641 of 2010:

Pleased to set aside the judgment and decree dated 11.11.2009 made in A.S.No. 161 of 2007 on the file the Subordinate Judge, Valliyoor reversing the judgment and decree dated 25.04.2007 made in O.S.No.280 of 2004 on the file of the Additional District Munsif, Nanguneri and allow this second appeal.

ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.S.SRINIVASA RAGHAVAN, Advocate for the petitioner in all petitions and of MR.H.ARUMUGAM, Advocate on behalf of the Respondent in all petitions, the court made the following order:- The respondent has no serious objections for allowing these petitions.

Hence, these petitions are allowed.

Registry is directed to number the petitions filed for extension of time in S.R.Nos.68418, 68421 & 68424/2022 and list the matter on 31/01/2023.

sd/- 27/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO THE SUBORDINATE JUDGE,VALLIYOOR.

2 THE ADDITIONAL DISTRICT MUNSIF, NANGUNERI. 2/3

COPY TO THE SECTION OFFICER JUDICIAL SECTION MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.

ORDER

IN CMP(MD)Nos.12524, 12525 & 12523 of 2022 in SA(MD)Nos.639, 640 & Date :27/01/2023 PKP/VR/SAR-3/30.01.2023/3P/4C 3/3