Madras High CourtCMP(MD)/6616/2024allowed

1. Vinju G.Rajaram (Died) 2.Vinju G.Naganathan v. Vinju Sundaraiammal

2024-06-04Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Fourth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY CMP(MD). No.6616 of 2024 in AS(MD) No.65 of 2005

1. Vinju G.Rajaram (Died) ... Deceased /1st Appellant

2. Vinju G.Naganathan ... 2nd Petitioner/2nd Appellant 3.Visalatchi

4. Mahesh Babu 5.Govindan 6.Malathi 7.Parthasarathy ... Petitioners 2 -6/ Proposed Appellants 2- 6 (Lrs of the deceased 1stAppellant ) Vs 1 Vinju Sundaraiammal 2 Mithila 3 Gomathi 4 A.R.Krishnamurthy (Died) 5 A.K.Soundaravalli 6 A.K.Shanthilal

7 A.K.Babulal 8 Somankillee Nagarathinam 9 Chithra 10 Santhanam 11 Ramesh 12 Saravanan ... Respondents/Respondents Prayer in CMP(MD). No.6616 of 2024:- Civil Miscellaneous Petition filed under order 41 Rule 19 of Cpc To Restore the appeal in AS No.65 of 2005, which is dismissed for default of non filing of LR Application on 21.07.2022 and thus render justice. Prayer in AS(MD) No.65 of 2005:

Appeal suit filed under section 96 of the civil Procedure code, against the judgment and decree, dated 30.09.2003 made in O.S. No.55 of 2002, on the file of the Additional District and Sessions Judge (Additional District Fast Track Court ) Ramanathapuram.

ORDER:- This 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 Mr.S.Vellaichamy , Advocate for the Petitioner this Court made the following order: " This Petition is allowed"

Sd/- Assistant Registrar ( CS-II ) // True Copy // /07/2024 Sub Assistant Registrar (CS - I/ II / III / IV)

TO The Additional District and Sessions Judge (Additional District Fast Track Court ) Ramanathapuram.

Copy to:

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

ORDER DATED : 04/06/2024 ========================= Restore ========================= CMP(MD). No.6616 of 2024 in AS(MD) 65 OF 2005 Giving direction and etc.

as stated within.

RE (09.07.2024) 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.