Senthil (Died), Vijayalakshmi v. Rasu Muthiriar (Died),

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twentieth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMP(MD). No.11881 of 2022 in SA(MD).No.674 of 2005 and CMP(MD).No.12044 of 2022 in SA(MD).No.675 of 2005 Senthil (Died) .. - /Sole Appellant (Memo dated 14.12.2022 filed on 15.12.2022 in USR No.36023 is recorded as sole appellant and respondents 1 to 5 in Second Appeal died vide court order dated

27.02.2023 made in CMP(MD). No.11881 of 2022 ,12044 of 2022 in SA(MD).No.674 & 675 of 2005)

¶1Vijayalakshmi

¶2Minor. Gokul

¶3Minor.Kavyasri [Minors 2 & 3 rep.by their Natural Gurardian and Mother 1st Petititoner] .. Petitioners 1 to 3 are the Legal Heirs of Deceased

sole Appellant Senthil/Proposed Appellants 2 to 4 VS. Rasu Muthiriar (died) Ponnar (died) Neela (died) Thangammal (died) Marudhamuthu (died) ---/Respondents 1 to 5 (In both cases) .. Vs .. 1 Muruganantham .. 1st Respondent/6th Respondent 2 Shanthi .. 2nd Respondent/7th Respondent 3 Rajathi 4 Sasikalavathi .. Respondents 3 & 4 are LRS of deceased 1st Respondent in SA/ Proposed Respondents 8 & 9 Senthil @ Senthilkumar (died) 5 Rajeswari

Karthick (died) 6 Sudha 7 Suriya 8 Sundari ... (Respondents 5 to 8 are Lrs of Deceased 2nd

Respondent in S.A.. Proposed Respondents 10 to 13) Ponnambalam (died) 9 Manikandan (Died) (Memo dated 23.01.2023 in USR.No.2650 & 2651 are recorded as R9 died and R10 to R14 who are already on record are recorded as LRS of the deceased R9 vide Court order dated 27.02.2023 made in CMP(MD).Nos.11881 of 2022 & ,12044 of 2022 in SA(MD).No.674 & 675 of 2005) 10 Jeyalakshmi 11 Indirani 12 Viji @vijayalakshmi 13 Manivel 14 Abirami .. Respondents 9 to 14 are LRS of deceased 3rd Respondent in SA / Proposed Respondents 14 to 19 Mani (died) 15 Rajalingam 16 Shanthi 17 Balu @ @balasubramanian

18 Vasu @vasudevan

19 Devi (Respondents 15 to 19 are Lrs of Deceased 4th Respondent in SA/Proposed Respondents 20 to 24) 20 Chandra

21 Minor Shanmugapandian

22 Minor Parthiban (Minor 21 and 22 respondents are represented by their mother and natural guardian Chandra - 20th respondent) ... Respondents 20 to 22 are LRS of deceased 5th Respondent inSA/ Proposed Respondents 25 to 27 (in both cases) Prayer :- Civil Miscellaneous Petition filed under Order 41 Rule 19 of C.P.C to pass an order to restore the above SA(MD).No. 674 and 675 of 2005 by setting aside the common judgment of dismissing the second appeal dated 02-11-2022. Prayer in SA(MD).674/2005:Second Appeal is filed under Section 100 of Code of Civil Procedure, to set aside the common judgment and decree dated 30.10.2003 made in A.S.No.11 of 2003 on the file of the Subordinate Judge, Kulithalai, reversing the judgment and decree dated 28.03.2003 made in O.S.No.298 of 1986 on the file of the District Munsif, Kulithalai. Prayer in SA(MD).675/2005:Second Appeal is filed under Section 100 of Code of Civil Procedure, to set aside the common judgment and decree dated 30.10.2003 made in Cross Appeal.No.11 of 2003 on the file of the Subordinate Judge, Kulithalai, reversing the judgment and decree dated 28.03.2003 made in O.S.No.298 of 1986 on the file of the District Munsif, Kulithalai. ORDER:- These Civil Miscellaneous Petitions are 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.A.Saravanan, Advocate for the Petitioner, this Court made the following order: "These petitions are ordered as prayed for and the Second Appeals are restored" Sd/- Assistant Registrar(CS II) // True Copy // /08/2023 Sub Assistant Registrar(CS) To

1.The Subordinate Judge, Kulithalai

¶2The District Munsif, Kulithalai

¶3The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (for amending the LRS of the deceased as per order dated 20.07.2023 and post the Second Appeal on 31.08.2023)

BEFORE THE MADURAI BENCH OF

MADRAS HIGH COURT

Hon`ble Mr.Justice

KRISHNAN RAMASAMY

ORDER DATED : 20/07/2023

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RESTORE ORDER

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CMP(MD). No.11881 of 2022 in SA(MD).No.674 of 2005 and CMP(MD).No.12044 of 2022

in SA(MD).No.675 of 2005 SI(17.08.2023) 5P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.