Madras High CourtCMP/14484/2021allowed

Chellaperumal, v. Pandian,

2021-10-07Honourable Mrs Justice R. Hemalatha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Seventh day of October Two Thousand Twenty One PRESENT THE HON`BLE MRS.JUSTICE R.HEMALATHA CMP.No.14484 of 2021 in SA.No.31 of 2011 1 CHELLAPERUMAL [ PETITIONERS ] 2 ALAMELU 3 KALAVATHI Vs 1 PANDIAN [ RESPONDENTS ] 2 THANDAVARAYAN 3 DHAVENDRAN 4 ARUMUGAM 5 MANI 6 KALIYAPERUMAL 7 PADMAVATHY 8 PALANIVEL 9 RAJADURAI 10 THANGARATHNAM 11 VEERAMUTHU 12 SELVAKUMAR Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to recall the order made in Sa.No.31/2011 dated 10/08/2021 in dismissing the above case for non-prosecution thereby restoring the said case on file and to decide the same (in CMP.No.14484/2021) https://hcservices.ecourts.gov.in/hcservices/

Order: This Second Appeal coming on this day for hearing upon perusing the Grounds of Appeal, the Judgment and Decrees of the Lower Appellate Court and the Court of First instance and the material papers in the suit and upon hearing the arguments of M/S.G.GOKUL, Advocate for the Petitioner and of M/S.GAYATHIRI, for M/S.SARVABHAUMAN ASSOCIATES, Advocate for the Respondents, the court made the following order:- This petition is filed to restore the Second Appeal No.31/2011, which was dismissed for non prosecution on 10.08.2021.

2. The learned counsel for the respondents did not raise any objection.

3. This Court is also satisfied with the reasons assigned in the affidavit filed in support of this petition. Hence, this petition is allowed.

4. List the Second Appeal for final hearing after three weeks. -sd/- 07/10/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT MUNSIF, VRIDDHACHALAM 2 THE PRINCIPAL SUBORDINATE JUDGE, VRIDDHACHALAM Order in CMP.No.14484 of 2021 in SA.No.31 of 2011 Date :07/10/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format DV(08/10/2021) https://hcservices.ecourts.gov.in/hcservices/