Madras High CourtCMP(MD)/4463/2017ordered

M. Kamaludeen v. M. Maulana

2017-07-20Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Twentieth day of July Two Thousand and Seventeen PRESENT The Hon`ble Mrs Justice PUSHPA SATHYANARAYANA CMP(MD) No.4463 of 2017 IN SA(MD) No.858 of 2014 M. KAMALUDEEN S/O.V.K. MOHAMMED KASIM, VALLUVAR STREET, KAVERI NAGAR COLONY, KULITHALAI TALUK. ... PETITIONER Vs M. MAULANA S/O.V.K. MOHAMMED KASIM, VALLUVAR STREET, KAVERI NAGAR COLONY, KULITHALAI TALUK. ... RESPONDENT Prayer in CMP(MD) No.4463 of 2017:- Petition filed for Restoration Under Order 41 Rule 19 Civil Procedure Code praying this Court to restore the Second Appeal (MD)No.858 of 2014 which was dismissed for default on 23/02/2017. Prayer in SA(MD). 858/ 2014 :

Second Appeal is filed under Section 100 of the Civil Procedure Code against the Judgment and Decree, dated 20.08.2014 in A.S.No.30 of 2013 on the file of Principal District Judge, Karur in confirming the Judgment and Decree dated 30.04.2013 made in O.S.No.94 of 2010 on the file of the Subordinate Judge, Kulithalai. ORDER : This petition coming on for hearing on this day, upon perusing the petition and affidavit and material papers of the petition and upon hearing the arguments of Mr.R.MURALI, Advocate for the Petitioner, And of Mr.K.PRABHAKAR, Advocate for the Respondent, this court made the following order:

This petition has been filed praying to restore the S.A(MD). No.858 of 2014, which was dismissed for default on 23.02.2017. Heard both sides.

Being satisfied with the reasons stated in the affidavit filed in support of the petition, this petition is ordered and restored to file.

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The Registry is directed to post the Second Appeal on 10.08.2017.

sd/- Assistant Registrar(CS-III) / TRUE COPY / Sub-Assistant Registrar TO 1.THE PRINCIPAL DISTRICT JUDGE, KARUR.

2.THE SUBORDINATE JUDGE, KULITHALAI.

COPY TO:

THE SECTION OFFICER, JUDICIAL POSTING, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ORDER DATED :20/07/2017 POST ON : 10/08/2017 RESTORATION CMP(MD) No.4463 of 2017 IN SA(MD) No.858 of 2014 GIVING DIRECTION ETC., STATED WITHIN.

AE/GT/SAR3/26.07.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/