Madras High CourtCMP(MD)/6812/2017ordered

V.Subramanian, v. M.Hussain Meera

2017-08-17Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Seventeenth day of August Two Thousand and Seventeen PRESENT The Hon`ble Mrs. Justice PUSHPA SATHYANARAYANA CMP(MD) No.6812 of 2017 IN SA(MD) No.108 of 2016 1.V.SUBRAMANIAN, S/o.P.VENKATACHALAM ... PETITIONER/APPELLANT Vs 1.M.HUSSAIN MEERA, S/O.P.MOHAMMED KASIM, 2.S.ABDUL JALEEL, S/O.P.SIDDIQ ... RESPONDENTS/RESPONDENTS Prayer in CMP(MD).No 6812/ 2017 :

Civil Miscellaneous Petition is filed for Restoration Under Order 41 Rule 19 of Civil Procedure Code Praying this Hon'ble Court to set aside the order dated 27.3.2017 made in SA.No.108 of 2016 on the file of this Honourable Court and restore the same. Prayer in SA(MD).No. 108/ 2016 :

This Second Appeal has been filed under Section 100 of the Code of Civil Procedure Code to set aside the judgment and decree dated 20.11.2013 made in AS.No.45/2011 on the file of Sub Court, Pudukkottai which confirmed the judgments and decree of the District Munsif Court, Pudukkottai made in OS.No.105/2009 dated 28.03.2011. ORDER:

This Civil Miscellaneous Petition coming on for hearing on this day, upon perusing the Petition and the material papers and upon hearing the arguments of Mr.D.SADIQ RAJA, Advocate for the Petitioner and of Mr.D.RAMESH KUMAR, Advocate for the Respondents, and this Court doth Order as follows:

This Petition has been filed praying to set aside the order, dated 27.03.2017 made in S.A(MD)No.108 of 2016 on the file of this Court.

2.Heard the learned Counsel for the petitioner. 3.The learned counsel for the respondents has no objection for ordering the petition.

https://hcservices.ecourts.gov.in/hcservices/ 4.Being satisfied with the reasons stated in the affidavit filed

in support of the petition, the petition is ordered and restored to its file.

5.The Registry is directed to post the Second Appeal on 04.10.2017.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar TO 1.THE SUBORDINATE JUDGE, PUDUKKOTTAI.

2.THE DISTRICT MUNSIF, PUDUKKOTTAI.

COPY TO : THE SECTION OFFICER, JUDICIAL POSTING, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

JS/JC/SAR.3/28.08.2017/2P-4C ORDER DATED :17/08/2017 HEARING DATE:04/10/2017 RESTORED CMP(MD) NO.6812 OF 2017 IN SA(MD) NO.108 OF 2016 GIVING DIRECTION ETC., AS STATED WITHIN.

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