Madras High CourtCMP(MD)/8094/2025allowed

Chithiraisamy v. Sundara Thevar

2025-06-18Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Eighteenth day of June Two Thousand and Twenty Five PRESENT THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR CMP(MD). No.8094 of 2025 in SA(MD).No.1138 of 2008 Chithiraisamy ..Petitioner / Appellant Vs 1 Sundara Thevar 2 Navakanda Thevar, 3 Sarasammal ... Respondents / Respondents Prayer in CMP(MD)No.8094 of 2025 This Civil Miscellaneous Petition is filed under Order 41 Rule19 of cpc to set aside the order and RESTORE the Second Appeal in SA(MD)No.1138/2008 which was dismissed for default on 10.06.2024.

Prayer in SA(MD)No.1138 of 2008 Second Appeal filed under Section 100 of the Civil Procedure Code,against the judgment and decree made in A.S.No.24 of 2005,dated 29.12.2005; on the file of the Principal District Court,Ramanathapuram,confirming the judgment and decree made in O.S.No.3 of 2002,dated 30.11.2004 on the file of the District Munsif Cum Judicial Magistrate,Kamuthi.

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 Mr.G.S.Ashok Adityan Advocate for M/s Subash Law Associates for the appellant, and of Mr.S.Sivathilagar Advocate for the Respondents 1 to 3 not appearing this Court made the following order: This Civil Miscellaneous Petition has been filed to set aside the order and restore the S.A(MD)No.1138 of 2008 which was dismissed for default on 10.06.2024.

2. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Civil Miscellaneous Petition stands allowed and C.M.P(MD)No.8094 of 2025 is restored.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV)

TO 1.The Principal District Judge, Ramanathapuram.

2 The District Munsirf Cum Judicial Magistrate, Kamuthi.

Copy to:

The Section Officer, (2 Copies) VR Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 18/06/2025 ==========================

ORDER

========================== CMP(MD). No.8094 of 2025 in SA(MD).No.1138 of 2008 Giving direction and etc.

as stated within.

TS (16/07/2025) 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.