Madras High CourtCMP(MD)/8304/2023allowed

Dhanapathi v. Chinnappa Narankiyar

2023-08-09Honourable Mr. Justice C.Kumarappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI (Civil Appellate Jurisdiction) Tuesday, the Ninth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice C. KUMARAPPAN CMP(MD).No.8304 of 2023 in CRP(MD). No1950 of 2019

1. Dhanapathi

2. Govindasamy

3. Umapathi .. Petitioners / Petitioners Vs

1. Chinnappa Narankiyar

2. State Represented by The District Collector Pudukkottai ... Respondents /Respondents Prayer in CMP(MD).No8304 of 2023 :- Civil Miscellaneous petition filed under order 9 Rule 9 under section 151of C.P.C to set aside the order dated 14.02.2020 passed by this Hon,ble Court in CRP (MD)1950 OF 2019, and to restore the same and dispose the Revision Petition on merits.

Prayer in CRP(MD). No.1950of 2019 :- This Civil Revision Petition filed under section 227 of constitution of India to reverse the order dated 10.01.2019 made on the application I.A. NO. 36 of 2017 in I.T.C.M.A No. 1 of 2007 on the file of the court of the Learned Principal Subordinate Judge,Pudukkotai, to dismiss the said application. 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. D. Gurusamy, Advocate for the Petitioners, Mr. Paranjothi for Mr.K.Balasundaram , Advocate for the first Respondent this Court made the following order:

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There is no serious objection raised by the respondents for restoring the Civil Revision Petition.

2.Having considered the submission made by the learned counsel for the petitioners and also being satisfied with the averments in the affidavit, this Civil Miscellaneous Petition is allowed.

Registry is directed to restore the Civil Revision Petition on file and list the matter on 22.08.2023 Sd/- Assistant Registrar() // True Copy // /08/2023 Sub Assistant Registrar(CS) To The Principal Subordinate Judge Pudukkottai Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 2/3

ORDER DATED : 09//08/2023 ======================== RESTORATION ORDER ============================ CMP(MD).No8304 of 2023 in CRP(MD)1950 OF2019 Giving direction and etc.

as stated within.

KB(18.08.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

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