Madras High CourtCMP(MD)/5580/2016ordered

Mrs.Nambikkai, v. Agastin,

2016-10-18Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Eighteenth day of October Two Thousand and Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.5580 of 2016 IN SA(MD) No.1029 of 2005 1 NAMBIKKAI, W/O.LATE.AYYAVU, 2 S.JERALD RAJA,S/O.LATE.AYYAVU, 3 S.ROBERT,S/O.LATE.AYYAVU, ... PETITIONERS Vs 1 AGASTIN,S/O.LATE.SHMIYON UDAYAR 2 AMALRAJ,S/O.LATE.SHMIYON UDAYAR ... RESPONDENTS Civil Miscellaneous Petition filed for Restoration under Order 41 Rule 19 of C.P.C., praying this Hon'ble Court to set aside the order dated 04.04.2016 passed in S.A.(MD)No.1029 of 2005 on the file of this Honourable Court and restore the same on the file. Prayer in SA(MD0No.1029 of 2005:

The above Appellant begs to prefer the following Memorandum of Grounds of Second Appeal, against the Judgment and Decree dated 17/03/2004 in A.S.No.167/1999, on the file of the Additional District Judge-Cum-Session Court (Fast Track) Dindigul, confirming the Judgment and Decree dated 05/03/1997 made in O.S.No.33/1993, on the file of the Principal Sub-Court, Dindigul. ORDER:This Civil Miscellaneous petition is coming on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.N.R.BALAJI, Advocate for the petitioners and of MR.S.NATARAJAN, Advocate, appearing for Respondents, the court made the following order:- "Being satisfied with the reasons stated in the affidavit, this petition is allowed.

The Registry is directed to list the S.A.No.1029 of 2005 in the first week of November,2016".

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

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TO 1 THE ADDITIONAL DISTRICT JUDGE CUM SESSION COURT(FAST TRACK), DINDIGUL 2 THE PRINCIPAL SUBORDINATE JUDGE, DINDIGUL COPY TO:

1. The Section Officer, V.R.Section, Madurai Bench of Madras High court, Madurai.

2. The Section Officer, Judicial Section, Madurai Bench of Madras High court, Madurai.

ORDER DATED: 18/10/2016 HEARING DATE: 1ST WEEK OF NOV.2016

ORDER

CMP(MD) No.5580 of 2016 IN SA(MD) No.1029 of 2005 Giving direction etc., as stated within.

AM/M/SAR-I/26.10.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/