Madras High CourtCMP(MD)/134/2022allowed

R.Chandrasekaran Pillai, v. S.Sathiyavathi,

2022-01-21Honourable Ms. Justice P.T. Asha2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty First day of January Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice P.T.ASHA CMP(MD). No.134 of 2022 in CRP(MD). No.1330 of 2021 R.Chandrasekaran Pillai ... Petitioner/ Petitioner Vs 1 S.Sathiyavathi 2 K. Leelavathi 3 G. Durairajan Muthaliar 4 R. Kalaiselvi 5 R. Senthilkumar ... Respondents/Respondents Prayer in CMP(MD). No.134 of 2022:- Petition filed under Order 9 Rule 9 of C.P.C. to SET-ASIDE the order of dismissing the Civil Revision Petition in C.R.P.(PD) (MD) No. 1330 of 2021 for default dated 30.11.2021 passed by this Honourable Court and restore the same on the file of this Honourable Court and thus render justice.

Prayer in CRP(MD). No.1330 of 2021:- Petition filed under Article 227 of the Constitution of India ,to call for the records pertaining to the Fair and Decreetal Order in I.A.No. 23/2019 in O.S.No. 33/2016 dated 23.01.2021 passed by the Learned IInd Additional District and Sessions Judge, Thanjavur and set-aside the same and pass such further or other orders may deem fit and proper in the circumstances of the case and thus render justice.

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 Thiru. K.Kannan, Advocate for the Petitioner , this Court made the following order: Heard the learned Counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2.Being satisfied with the reasons assigned in the affidavit filed in support of the civil miscellaneous petition,this

petition is ordered and the civil revision petition is also restored to file.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The IInd Additional District and Sessions Judge, Thanjavur Copy to:

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai ORDER DATED : 21/01/2022 ==========================

ORDER

========================== CMP(MD). No.134 of 2022 in CRP(MD). No.1330 of 2021 Giving direction and etc.

as stated within.

MGJ(31.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/