Madras High CourtCMP(MD)/5512/2020ordered

V.Subramanian, v. M.Hussain Meera

2020-11-24Honourable Mr Justice R. Mahadevan2 pages

CMP(MD). No.5512 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Tuesday, the Twenty Fourth day of November Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice R.MAHADEVAN CMP(MD). No.5512 of 2020 in SA(MD).No.108 of 2016 V.Subramanian

...Petitioner/Appellant

Vs 1 M.Hussain Meera 2 S. Abdul Jaleel

...Respondents/Respondents

Prayer in CMP(MD). No.5512 of 2020 :- Civil Miscellaneous Petition filed under Order 41 Rule 19 of CPC praying this Court to set aside the order dated 19-09-2019 ,made in S.A.No.108 of 2016 and restore the same.

Prayer in SA(MD).No.108 of 2016 :

Second Appeal filed under section 100 of Civil Procedure Code, 1908, against the judgment and decree made in A.S.No.45 of 2011 dated 20.11.2013 on the file of the Sub Court, Pudukkottai, confirming the judgment and decree dated 28.03.2011 made in O.S.No.105 of 2009 on the file of the District Munsif Court, Pudukkottai.

ORDER:- Second Appeal coming up for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.P.R.Prithiviraj, Advocate for the Petitioner and of Mr.D.Rameshkumar, Advocate for the respondents, this Court made the following order:

This Petition is filed to set aside the order dated 19.09.2019 made in S.A.No.108 of 2016 on the file of this Court and restore the same.

2.Having been satisfied with the reasons assigned in the affidavit filed in support of the Miscellaneous Petition and also the submission made by the learned counsel for the petitioner and in view of the no objection expressed by the learned counsel for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD). No.5512 of 2020 respondents, this Petition is allowed and SA(MD)No.108 of 2016 is restored to file.

Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1 The Subordinate Judge, Pudukkottai 2 The District Munsif, Pudukkottai Copy to 1 The Section Officer, VR Section, Madurai Bench of Madras high Court,. Madurai.(2 Copies) 2 The Section Officer, Judicial Section, Madurai Bench of Madras high Court, Madurai.

ORDER DATED : 24/11/2020 ========================== RESTORATION ========================== CMP(MD). No.5512 of 2020 in SA(MD).No.108 of 2016 Giving direction and etc.

as stated within.

KK(02.12.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2