Madras High CourtCMP(MD)/12430/2016allowed

Jesuraj v. Mathushree Akkabai Ammani

2017-02-22Honourable Mr Justice Rmt. Teekaa Raman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Second day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.12430 of 2016 IN SA(MD) No.493 of 2004 1 JESURAJ 2 SAHAYARAJ 3 DIVYANATHAN ... PETITIONERS/APPELLANTS Vs 1.Mathushree Akkabai Ammani Chathiram, Rep. By its Hereditary Trustee, Anandkumar, Adopted son of Ramachandra Kadiraj.

2.Angammal ... Respondents/Respondents Prayer : This Petition filed under Section 151 of Civil Procedure Code r/2 or 41 Rule 19 of CPS pleased to set aside the order of dismissal passed in S.A.(MD) No. 493/2004 on 28.11.2016 and restore the appeal to the file of this Honourable Court PRAYER IN SA(MD)NO.493/2004 :

This Second Appeal filed under Section 100 Civil Procedure, Code prayed to prefer this Memorandum of Grounds of Second Appeal against the Judgment and decree dated 05.08.2004 made in A.S.No.35 of 2003 on the file of Additional District Court (Fast Track Court No.2), Pattukkottai, confirming the Judgment and decree dated 24.07.2003 made in O.S.No.193 of 2000 on the file of the District Munsif Court, Pattukkottai. ORDER : This CMP in SA coming on for hearing on this day upon perusing the petition and material papers and upon hearing the arguments of the Mr.V.K.Vijayaragavan, Advocate for the petitioner and Mr.V.Balaji, Advocate for the R1 the Court made the following order :

Heard both sides.

Learned Counsel for the first respondent submitted that it is another method to dragon the proceeding.

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Having satisfied with the reasons stated in the accompanying affidavit, this petition is allowed and the Second Appeal is restored to file.

sd/- Assistant Registrar (CS-II) / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE ADDITIONAL DISTRICT JUDGE, (FAST TRACK COURT NO.2) PATTUKKOTTAI 2 THE DISTRICT MUNSIF, PATTUKKOTTAI GJM/MR/SAR-3-2.3.17-2p-3C ORDER DATE :22/02/2017 HEARING DATE : AFTER TWO WEEKS.

RESTORATION IN CMP(MD) No.12430 of 2016 IN SA(MD) No.493 of 2004 https://hcservices.ecourts.gov.in/hcservices/