Madras High CourtCMP(MD)/8447/2017allowed

K. Nazeem v. Arul Mighu Koodal

2017-10-13Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Thirteenth day of October Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.8447 of 2017 IN CRP NPD No.35 of 2006 K. NAZEEM ... PETITIONER Vs 1.ARUL MIGHU KOODAL, AZHAGAR KOIL, THROUGH ITS EXECUTIVE OFFICER, MADURAI-625 001.

2.SULTHAN, S/O.RAJASAHIB, 13-C, KRISHNA STREET, SAMMATIPURAM, MADURAI-625 009.

... RESPONDENTS PRAYER IN CMP(MD).8447/2017:

Civil Miscellaneous Petition filed under Order 9 Rule 9 of Civil Procedure Code praying this Hon'ble Court to set aside the order of dismissal for default dated 17/08/2017 passed in the above CRP(MD)No. 35 of 2006 on the file of this Honourable Court and to restore the same to file.

PRAYER IN CRP(MD) No.35 of 2006:

Civil Revision Petition is filed under section 115 of the Civil Procedure Code, praying this Hon'ble Court, to set aside the order dated 21.11.2005 passed in E.P.No.5 of 2002 in O.S.No.693 of 1995, on the file of the Additional District Munsif, Madurai Town. ORDER : This petition coming on for hearing on this day, upon perusing the affidavit and material papers filed, and upon hearing the arguments of Mr.N.SUBRAMANIAN, Advocate for the Petitioner and of Mr.S.MANOHAR, Advocate for the 1st Respondent, this Court made the following order:

Heard the learned counsel for the Petitioner. I am satisfied with the reasons stated in the affidavit filed in support of this petition.

Hence this petition is allowed.

The Registry is directed to restore the Civil Revision Petition to file.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

TO THE ADDITIONAL DISTRICT MUNSIF, MADURAI TOWN. COPY TO : THE SECTION OFFICER, JUDICIAL POSTING, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI-23. JS/MR.KKR/SAR.1/25.10.2017/2P-3C ORDER DATED:13.10.2017 RESTORED CMP(MD) No.8447 of 2017 IN CRP NPD No.35 of 2006 GIVING DIRECTION ETC., AS STATED WITHIN.

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