BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On : 27.10.2021 Delivered On : 19.01.2022 CORAM THE HONOURABLE MRS. JUSTICE R. THARANI C.M.A.(MD)No.1084 of 2014 G.Kaliappan (Died)

1.Angammal

2.K.Thangavel

3.K.Selvam .. Appellants Vs.

1.S.Kalimuthu

2.R.Gunasekaran .. Respondents Prayer: This Civil Miscellaneous Appeal is filed under Section 43 of Rule 1 of Civil Procedure Code, to set aside the fair and decreetal order dated 06.09.2014 passed in E.A.No.13 of 2008 in E.P.No.32 of 2006 in O.S.No.252 of 2004 on the file of the learned I Additional District Judge (PCR) , Tiruchirappalli.

For Appellants : Ms.J.Anandhavalli For 1^st Respondent : Mr.V.Singan For 2^nd Respondent : Dispense up

JUDGMENT

This Civil Miscellaneous Appeal has been filed against the order passed in E.A.No.13 of 2008 in E.P.No.32 of 2006 in O.S.No.22 of 2004 on the file of the learned I Additional District Judge (PCR), Tiruchirappalli.

2.The appellants herein are third parties to the suit and the first respondent herein is the plaintiff and the second respondent herein is the defendant in the suit in O.S.No.252 of 2004. The first respondent herein has filed a suit in O.S.No.1012 of 2003 for recovery of money against th