Madras High CourtCMP(MD)/4747/2024allowed

K.Raman, v. Vasudevan,

2024-04-12Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twelfth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI C.M.P(MD)No.4747 of 2024 in C.R.P(MD)No.1640 of 2017 K.RAMAN, ... PETITIONER/PETITIONER Vs 1 VASUDEVAN, 2 KUMARESAN, ... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order of dismissal passed against the 2nd respondent on 08-11-2019 in C.R.P. (MD).No.1640 of 2017 and thus render justice. Prayer in CRP(MD). 1640/ 2017 :

Pleased to set aside the order and decreetal order dated 28.09.2016 made in E.A.No.49 of 2009 in E.P.No.93 of 2005 in O.S.No.510 of 2000 on the file of the Principal District Munsif Court, Kumbakonam.

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ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.N.BALAKRISHNAN, Advocate for the petitioner, the court made the following order:- This petition is filed to set aside the order of dismissal passed against the second respondent on 08.11.2019 in C.R.P(MD)No.1640 of 2017.

2. Heard the learned counsel for the petitioner. The learned counsel for the respondents has not raised any objection in allowing the petition.

3. I have perused the affidavit filed in support of this application and being satisfied with the reasons stated in the affidavit, this Court is inclined to allow this petition. Accordingly, this Civil Miscellaneous Petition is allowed.

4. Registry is directed to restore C.R.P(MD)No.1640 of 2017 against the second respondent on file and list the matter after three weeks. sd/- 12/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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VSD TO THE PRINCIPAL DISTRICT MUNSIF, KUMBAKONAM.

COPY TO:

THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN C.M.P(MD)No.4747 of 2024 in C.R.P(MD)No.1640 of 2017 Date :12/04/2024 SA/JGB/SAR. /18.04.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3