Madras High CourtCMP(MD)/16403/2023allowed

Alamelu v. Suseela Balan

2023-12-07Honourable Mrs Justice R. Kalaimathi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Seventh day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice R. KALAIMATHI Alamelu ... Petitioner/Appellant Vs 1 Suseela Balan ... Respondent/Respondent Prayer :- Civil Miscellaneous Petition filed under Order 41 Rule 19 of Civil Procedure Code to set aside the order and restore the same in the above SA(MD).No. 773 of 2016 on the file of this court which was dismissed for default on 21.02.2023 . Prayer in SA(MD).No. 773 of 2016:

This Second Appeal is filed under Section 100 of the Civil Prosecure Code, against the Judgment and decree, dated 29.06.2016 made in AS.No. 43 of 2015 on the file of the additional District Court(Fast Track), Kumbakonam, confirming the judgment and decree, dated 30.08.2013 made in O.S.No. 116 of 2010 on the file of the Additional Subordinate Court, Kumbakonam.

ORDER:- This Civil Miscellaneous Petition is coming on for order on this day and upon perusing the petition and the affidavit field in support thereof and upon hearing the arguments of Mr.B.Jameel Arasu, Advocate for the Petitioner and of Mr.V.S.Kumara Guru, Government Advocate for the respondent, this Court made the following order:

Heard.

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2.The learned counsel appearing for the respondent has no serious objection. 3.Accepting the averments made in the affidavit filed in support of this petition, this petition stands allowed.

Sd/- Assistant Registrar() // True Copy // /12/2023 Sub Assistant Registrar(CS) TO 1.The Additional District Judge,(Fast Track), Kumbakonam.

2.The Additional Subordinate Judge, Kumbakonam. Copy to:

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

2. The Section Officer, VR.Section, Madurai Bench of Madras High Court, Madurai.

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ORDER DATED : 07/12/2023 Post the SA on 18/12/2023 ========================== Restoration order ========================== Giving direction and etc.

as stated within.

KB(11.12.2023) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3