N.Sampath, v. 1)V.Ramalingam(Died) 2) R.Vasantha
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty Eighth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice N.SESHASAYEE AND The Hon`ble Mrs.Justice L. VICTORIA GOWRI CMP(MD). No.3939 of 2024 in AS(MD)No.133 of 2014 N.Sampath, ... Petitioner/Appellant Vs 1 V.Ramalingam(Died) 2 R.Vasantha, 3 Jeya, 4 Punitha, 5 Karthikeyan, ... Respondent/Respondent Prayer :- Civil Miscellaneous Petition Under Order 41 rule 19 of C.P.C., to set aside order dated 15-02-2024 and restore the appeal in A.S.(MD)No.133 of 2014 dismissed for default on 15.02.2024 .
A.S.(MD)No.133 of 2014:- Appeal Suit filed under Section 96 of the Civil Procedure Code as against the judgment and decree made in O.S.No.108 of 2010,dated 22.01.2014,on the file of the Court of Additional District Judge,Dindigul,insofar as the same are against them.
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.R.G.shankar ganesh , Advocate for the Petitioner, this Court made the following order:
Heard the learned counsel for the petitioner.
2. This Petition has been filed to set aside the order dated 15.02.2024 and restore the appeal in A.S.(MD).No.133 of 2014 which was dismissed for default on 15.02.2024.
3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Civil Miscellaneous Petition is allowed and the Appeal is restored to file.
Sd/- Assistant Registrar(CS III) // True Copy // /07/2024 Sub Assistant Registrar (CS- I/ II / III / IV) TO The Additional District Judge, Dindigul.
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 28/06/2024 Post On : 11/07/2024 ==========================
ORDER
========================== CMP(MD). No.3939 of 2024 in AS(MD)No.133 of 2014 Giving direction and etc.
as stated within.
MGJ(10.07.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023