Madras High CourtCMP(MD)/2598/2016ordered

Indhirani v. Parvathi Ammal

2017-01-25Honourable Mr Justice Rmt. Teekaa Raman2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Fifth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN CMP(MD) No.2598 of 2016 IN SA No.235 of 2004 INDHIRANI ... PETITIONER Vs 1 PARVATHI AMMAL 2 SAKUNTHALA 3 AMARAVATHI ... RESPONDENTS PRAYER IN CMP(MD)NO.2598/2016: Civil Miscellaneous Petition filed under Order IX Rule 9 of CPC to set aside the order of dismissal for non prosecution passed by this Honourable Court on 24.02.2016 and restore the SA No.235 of 2004 on the file of this Honourable Court and thus render justice.

PRAYER IN SA.235/2004 : Second Appeal filed under Section 100 of C.P.C against the Judgment and Decree passed by the First Appellate Court on 10.6.2002 in A.S.No.48 of 2000 on the file of the Hon`ble Principal District Judge, Sivaganga District filed against the Jugdment and Decree passed on 24.9.1999 in O.S.No.260 of 1996 on the file of the Hon`ble District Munsif Court at Manamadurai Taluk, Sivagangai District.

ORDER : This petition coming on for hearing on this day 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.L.SHAJI CHELLAN, Advocate for the Petitioner and of Mr.D.P.Sundara Raj, Advocate for the first respondent and Mr.A.L.Vijay Devaraj, Advocate for the Respondents 2 and 3 this Court made the following order:- Learned Counsel for the respondents has no objection in allowing this Petition. Hence, this Miscellaneous Petition is allowed. Judgment dated 24.02.2016 is set aside and the appeal is restored to file.

Post the appeal on 06.03.2017.

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

https://hcservices.ecourts.gov.in/hcservices/

TO 1.THE PRINIPAL DISTRICT JUDGE SIVAGANGAI DISTRICT 2.THE DISTRICT MUNSIF MANAMADURAI TALUK SIVAGANGAI DISTRICT COPY TO:- THE SECTION OFFICER JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT MADURAI (TO POST S.A. ON 6.3.2017) +1cc to M/S.L.SHAJI CHELLAN, ADVOCATE SR.No. 4868 MS/RSK/SAR2/3.2.2017.2P/5C ORDER Date :25/01/2017

ORDER

POST ON : 6.3.2017 CMP(MD) No.2598 of 2016 IN SA No.235 of 2004 ALLOWING THE MISCELLANEOUS PETITION BY RESTORING THE SECOND APPEAL TO THE FILE OF THIS COURT AND GIVING DIRECTIONS ET AS STATED WITHIN https://hcservices.ecourts.gov.in/hcservices/