Madras High CourtCMP(MD)/1547/2019allowed

Ponnuraman, v. Kumar @ Radhakrishnan,

2019-06-27Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Twenty Seventh day of June Two Thousand Nineteen

Present

The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD)No.1547 of 2019 in S.A(MD).NO.49 of 2015 PONNURAMAN ... Petitioner/Appellant Vs

1. KUMAR @ RADHAKRISHNAN

2. PANCHANATHA CHOLANGA THEVA ... Respondents/Respondents Prayer in CMP(MD)No.1547 of 2019:- Petition filed Under Order 49 Rule 19 of Civil Procedure Code praying to restore the Second Appeal in SA(MD) No.49 of 2015 which was dismissed for default on 03.12.2018 and thus render justice.

Prayer in SA(MD)No.49 of 2015 :

Second appeal against the judgment and decree passed in A.S.No.08 of 2011 on the file of Second Additional District and Sessions Court, Thanjavur dated 28.10.2014 reversing the judgment and decree passed in O.S.No.12 of 2006 on the file of Additional Sub Court, Thanjavur, dated 20.4.2014.

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.R.RAJARAMAN, Advocate for the Petitioner and of Mr.M.SENTHIL KUMAR Advocate for R1, MR.A.VIGNESHWAR, Advocate for R2, this Court made the following order:- "This petition is not seriously opposed. This Court is convinced with the reasons stated in the affidavit for the non appearance of the petitioner on 03.12.2018. Therefore, this petition is allowed and the S.A(MD).No.49 of 2015 is restored to the file. Post the Second Appeal on 15.07.2019".

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/

/ 2 / TO

1. The Second Additional District and Sessions Judge, Thanjavur.

2. The Additional Sub Judge, Thanjavur, Copy to:

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

ORDER DATED : 27/06/2019 HEARING DATED : 15/07/2019 ========================== RESTORATION ========================== CMP(MD). No.1547 of 2019 in S.A(MD).NO.49 of 2015 Giving direction and etc.

as stated within.

KS(04.07.2019) 2 P 4 C https://hcservices.ecourts.gov.in/hcservices/