Madras High CourtCMP(MD)/1585/2017ordered

R.Palaniappan, v. P.Kaliyappan,

2017-02-21Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Twenty First day of February Two Thousand and Seventeen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.1585 of 2017 IN AS No.640 of 1999 1 R.PALANIAPPAN 2 V.KARUPPANNAN 3 M.SHERFUDDEEN 4 HAJI. SAIT M.S.MOHAMMED MEERA 5 A.ASHRAFF ALI 6 S.M.ATHAYOUR RAHMAN 7 A.HABIBULLAH 8 M.A.BASHEER AHAMED 9 A.LIYAHATH ALI ... PETITIONERS/APPELLANTS. Vs 1 P.KALIYAPPAN 2 KARUPPIAH ... RESPONDENTS/RESPONDENTS. Petition praying that in the circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to restore the above first appeal A.S.640 of 1999, which was dismissed for non-prosecution on 18.6.2009.

Prayer in A.S.No.640 of 1999:

This Appeal Suit has been filed under Sec.96 of the CPC against the Judgment and decree dated 08.06.1999 made in O.S.No. 112 of 1995 on the file of the Sub Court, Karur.

ORDER: This petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof on the file of the High Court and upon hearing the arguments of M/S.E.K.KUMARESAN, Advocate for the petitioners and of M/S.SARVABHAUMAN ASSOCIATES,for the Respondents, court made the following order:- This Petition is filed to restore the above Appeal which was dismissed for non-prosecution on 18.06.2009.

2. Heard the learned counsel appearing for the petitioners as well as the respondents.

3. The respondents have no objection. I am satisfied with the reasons assigned by the petitioners in the affidavit filed in support of this petition. Hence, the petition is ordered. https://hcservices.ecourts.gov.in/hcservices/

4. The Registry is directed to call for records. Post the matter for final hearing on 14.03.2017.

Sd/- Assistant Registrar(RTI) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, KARUR.

Copy to:

1 The Section Officer, Judicial Section, Madurai Bench of Madras High court, Madurai.

2 The Section Officer, V.R.Section, Madurai Bench of Madras High court, Madurai.

DATED : 21/02/2017 HEARING DATE : 14/03/2017 RESTORE CMP(MD) No.1585 of 2017 IN AS No.640 of 1999 Giving directions etc., as stated within.

AM/CM MSA/SAR-2/13.03.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/