Madras High CourtCMP(MD)/8866/2016ordered

Amsavalli, v. Kandasamy,

2016-11-24Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.8866 of 2016 IN SA(MD) No.228 of 2016 AMSAVALLI ... PETITIONER Vs KANDASAMY ... RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith that the High Court will be pleased to set aside the order dated 28.06.2016 dismissing the second appeal in SA(MD)No.228 of 2016 on the file of this Honourable Court for default and restore the same.

PRAYER IN SA(MD) No.228 of 2016:

This Second Appeal Under Section 100 of C.P.C filed against the Judgment and Decree dated 03.07.2013 made in A.S.No.14/2010 on the file of District Judge, Karur, confirming the Judgment and Decree dated 14.10.2008 made in O.S.No.182/2005 on the file of Subordinate Judge, Karur.

ORDER : This petition coming on for hearing on this day, and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.ARUMUGAM, Advocate for the petitioner and of Mr.K.RAJKUMAR, Advocate for the Respondent, this court made the following order:- " I am satisfied with the reasons given by the petitioner in the affidavit filed in support of the petition for the counsel nonappearance on 28.06.2016. Hence to secure the interest of justice, I am inclined to allow this petition. The petition is therefore allowed".

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

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TO 1 THE DISTRICT JUDGE KARUR 2 THE SUBORDINATE JUDGE KARUR 3 THE SECTION OFFICER, V.R.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1cc to Mr.K.RAJKUMAR Advocate Sr.No. 72251 ORDER DATED: 24.11.2016

ORDER

CMP(MD) No.8866 of 2016 IN SA(MD) No.228 of 2016 (Giving directions as stated within etc ) JAM/28.11.16/MPA/SAR 3/2P-5C https://hcservices.ecourts.gov.in/hcservices/