Madras High CourtCMP(MD)/6014/2024allowed

Nagendran, v. Ramanathan,

2024-04-23Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty Third day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in AS(MD) No.203 of 2015

1. Nagendran 2.Hariharan 3.Saravanan ... Petitioners/Appellants Vs 1 Ramanathan 2 Saradha 3 Radhabai 4 Indhurani 5 Saraswathi 6 Sagunthala 7 Amutha 8 Padmaja ... Respondents/Respondents 1/4

Prayer in CMP(MD). No.6014 of 2024 To pass an order setting aside the order dated 15-12-2023 and restoring the first appeal in A.S.(MD).No.203 of 2015, which has been dismissed for non prosecution on 15-12-2023 and thus render justice. Prayer in AS(MD) 203 of 2015:

First Appeal filed under section 96 of CP.C., 1908, to set aside the Judgment and Decree passed in O.S. No.46 of 2013 dated 05.06.2015 on the file of Principal District Court, Ramanathapuram.

ORDER:- This 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.J.Barathan, Advocate for the Petitioner and of Mr.M.Thirunavukharasu, Advocate for the 2nd respondent, this Court made the following order: "Restoration Petition is allowed.

Registry is directed to post the case on 07.06.2024 of argument. No further adjournment is to be granted on that day." Sd/- Assistant Registrar(CS-I) // True Copy // /05/2024 Sub Assistant Registrar (CS-I/II/III/IV) SRR 2/4

TO The Principal District Judge, Ramanathapuram.

Copy to:

1.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 2.The Section Officer, (2C) VR Section, Madurai Bench of Madras High Court, Madurai 3/4

ORDER DATED : 23/04/2024 ========================== Restore ========================== in AS(MD) No.203 of 2015 SI-(02.05.2024) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4