Madras High CourtCMP(MD)/11551/2023ordered

1.Rajanbabu, v. 1.S.Soundarapandiyan,

2023-09-26Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty Sixth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY in SA(MD)958 OF 2010 1.Rajanbabu 2.R.Muthulakshmi 3.R.Sundarapandian 4.R.Rajeswari 5.R.Pandeeswari ... PetitionerS/Appellants/Appellants/Defendants Vs 1 S.Soundarapandiyan 2 Janakiraman 3 K.Nageswari ... Respondents/Respondents Prayer in CMP(MD). No.11551 of 2023:- Civil Miscellaneous Petition is filed under order 41 Rule 19 of CPC to pass an order restore the second appeal which was dismissed for default on 12-07-2021 against the petitioners/ appellants and thus render justice and to pass such further 1/3

or other order as may deem fit and proper and thus render justice. Prayer in SA (MD) No.958 of 2010 Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 26.11.2007 made in A.S. No.8 of 2006 on the file of the I Additional District Judge, Madurai confirming the Judgment and Decree of the I Additional Subordinate Judge, Madurai in O.S.No.694 of 2000 dated 01.07.2005. 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.A.Ganesan Advocate for the Petitioner and of Mr.G.Prabhu Rajadurai Advocate for the Respondent this Court made the following order: Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is ordered.

2. S.A.(MD)No.958 of 2010 is restored to file.

3. List the Second Appeal on 05.10.2023.

Sd/- Assistant Registrar (CS-II) // True Copy // /10/2023 Sub Assistant Registrar(CS) 2/3

1. I Additional District Judge, Madurai.

2. I Additional Subordinate Judge, Madurai.

Copy to:

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

ORDER DATED : 26/09/2023 NEXT HEARING DATE : 05/10/2023 ==========================

ORDER

========================== in SA(MD)No.958 of 2010 Giving direction and etc.

as stated within.

RD(04/10/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3