Madras High CourtCMP(MD)/2915/2022ordered

R. Rajmohan, v. R. Kamalam,

2023-09-21Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty First day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in A.S(MD)No.79 of 2007 R. Rajmohan ... Petitioner/Appellant Vs 1 R. Kamalam 2 R. Manonmani 3 R. Vennila ... Respondent/Respondent Prayer in CMP(MD). No.2915 of 2022 :- This Civil Miscellaneous Petition filed under order 41 Rule 19 r/w Sec.151.CPC to set aside the dismissal order passed in the above Appeal dated 11-03-2022 and to restore the Appeal A.S. NO. 79 of 2007 on file of this Honourable Court and dispose the same.

Prayer in A.S(MD)No.79 of 2007:- Appeal Suit filed under Section 96 of Civil Procedure Code, to allow the Appeal and set aside the Judgment and Decree made in O.S.No.105 of 2004, on the file of the Additional District-cum-Sessions Judge(Fast Track Court), Dindigul, dated 13.03.2007.

1/3

ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. M.C.Swamy, Advocate for the Petitioner and of Mr. H.Lakshmi Shankar, Advocate for the respondents, this Court made the following order:

The Civil Miscellaneous Petition has been filed to set aside the dismissal order, dated 11.03.2022 passed in A.S.(MD)No.79 of 2007 and restore the same. 2.Heard the learned counsel on either side and also perused the records. 3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Civil Miscellaneous Petition is allowed. Registry is directed to restore the appeal.

Sd/- Assistant Registrar (CO) // True Copy // /09/2023 Sub Assistant Registrar(CS) Das 2/3

TO The Additional District-cum-Sessions Judge, (Fast Track Court), Dindigul.

Copy to:

1. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

2. The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) ORDER DATED : 21/09/2023 ==========================

ORDER

========================== in A.S(MD)No.79 of 2007 Giving direction and etc.

as stated within.

RD(27/09/2023) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3