Madras High CourtCMP(MD)/12009/2022ordered

M.Palpandi, v. 1. Poornam Ammal (Died), 2. Jayamani (Died), 3. Selvam,

2023-01-10Honourable Mrs Justice N. Mala2 pages

CMP(MD) No.12009 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Tenth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice N.MALA CMP(MD) No.12009 of 2022 IN AS No.916 of 1991 M.Palpandi ... Petitioner/Petitioner/Appellant Vs 1 Poornam Ammal (Died) 2 Jayamani( Died) ... Respondents 1 & 2 3 Selvam ... 3rd Respondent/3rd Respondent/ Proposed 3rd Respondent 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 passed in C.M.P. (MD). No. 7218/2022 dated 18.10.2022 in A.S. NO. 916/1991 and to RESTORE the same. Prayer in AS.No.916 of 1991 :

To prefer this memorandum of Grounds of First Appeal against the Decree and Judgment made in O.S.No.553 of 1989 dated 29.08.1991 on the file of the Principal Subordinate Judge, Madurai, ORDER : This 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 MR.D.P.SUNDARA RAJ, Advocate for the Petitioner and of MR.M.SUBASH BABU, Advocate on behalf of the 3rd Respondent, the court made the following order:- This petition is filed to set aside the order passed in C.M.P. (MD)No.7218 of 2022 dated 18.10.2022 in A.S.No.916 of 1991 and to restore the same.

2.The Registry is directed to print the name of Mr.M.Subash Babu, learned counsel for the third respondent along with Mr.Sasi Kumar.

3.I have gone through the affidavit filed in support of this petition and I am satisfied with the reasons stated therein. Therefore, the order passed in C.M.P.(MD)No.7218 of 2022 dated https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.12009 of 2022 18.10.2022 in A.S.No.916 of 1991, is set aside and the petition is restored. This Petition is accordingly ordered.

4. Registry is directed to restore the petition on file. sd/- 10/01/2023 / TRUE COPY / 19/01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO THE PRINCIPAL SUBORDINATE JUDGE, MADURAI.

COPY TO :

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

ORDER

IN CMP(MD) No.12009 of 2022 IN AS No.916 of 1991 Date :10/01/2023 USK/SSS/SAR-I/19.01.2023/2P/3C https://www.mhc.tn.gov.in/judis 2/2