Madras High CourtCMP(MD)/6430/2025allowed

Jebamalai (Died) 2.Simian v. Sembiah Udaiyar(Died)

2025-04-15Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Fifteenth day of April Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G.ILANGOVAN CMP(MD). No.6430 of 2025 in SA(MD)NO.519 of 1993 Jebamalai (Died) 2.Simian 3.Natchathiram.

4.Arokiamary.

5.Maria Rathinam.

6.Amalraj.

7.Pathinathan.

8.Sebastiammal.

... Petitioner/Proposed Appellants 2 to 8.

Vs 1 Sembiah Udaiyar(Died) 2 Palaniammal, 3 Gandhi, 4 Selvi, 5 Suseela, 6 Kalaimani, ( Respondents 2 to 6 are Brought On Record as Lrs of the Deceased) ... Respondents Prayer in CMP(MD)No.6430 of 2025.

To set aside the order in SA.No.519 of 1993 dated 11-06-2007 and restore the second appeal in S.A.No.519 of 1993 .

Prayer in SA. 519/ 1993 :

The second Appeal Filed Under Section 100 and order XLII Rule 1 Civil Procedure Code against the judgment and decree dated 20.01.1992 and made in A.S.No.4/1990 on the file of Subordinate Judge, Devakkottai, confirming the judgment and decree dated 23.12.1989 and made in O.S. No.188/1987 on the file of District Munsif Court Devakkottai,

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 M/s.P.Muthusamy, Advocate for the Petitioner and of M/s.B.Muruganandam For the Responents 2 to 8, this Court made the following order:

1. This Petition has been filed to set aside the order in S.A.No.519 of 1993 dated 11.06.2007 and restore the Second Appeal.

2. In view of the order passed by this Court, dated 04.04.2025,this petition stands allowed.After complying the above said order,the Registry is directed to list the main appeal in the usual course.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV) To

1. The Subordinate Judge, Devakkottai 2.The District Munsif Court, Devakottai.

Copy to:

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

ORDER DATED : 15/04/2025 ========================== RESTORE ========================== CMP(MD). No.6430 of 2025 in SA(MD) No.519 / 1993 TS (23/06/2025) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.