Saravanan v. Singu Nattar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Eighth day of April Two Thousand and Twenty Five PRESENT The HONOURABLE MR.JUSTICE G.ILANGOVAN CMP(MD). No.17294 of 2024 in SA(MD).No.132 of 2005 Saravanan ... Petitioner/2nd Appellant Vs 1 Singu Nattar 2 Rengaraj Nattar 3 Viruthambal 4 Porulkodi 5 R.Kennedy, 6 B.Saminayagam 7 R.Chitra 8 Shanmugam ... Respondents 1 to 8/Respondents 1 to 8 Prayer :- Civil Miscellaneous Petition filed Under order 41 Rule 19 r/w 151 of C.P.C to set aside the order dated 25.08.2023 and restore the same in S.A.(MD).No.132 of 2005.

Prayer in SA(MD).No.132 of 2005:

Second Appeal is filed under Section 100 of the Civil Procedure Code, against the decree and judgment of the Principal District Judges Court, Thanjavur passed in A.S.No.124 of 2003 dated 10.11.2004, reversing the decree and Judgment of the District Munsif Court, Thiruvayyaru passed in O.S.No.119 of 2003, dated 30.06.2003.

ORDER:- This Civil Miscellaneous Petition is 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.N.Tamilmani, Advocate for the Petitioner and none having appeared for the Respondents either in person or through Counsel, this Court made the following order:

Today the matter has been listed under the caption 'for being mentioned'.

2.While disposing the matter a mistake was committed by this

Court in the order, dated 01.04.2025, by mentioning the next adjournment date as '01.04.2025' instead of '10.06.2025'. But, originally the matter was adjourned to '10.06.2025".

3.Therefore, Registry is directed to carry out necessary amendments in this regard, by replacing the 'Post on 01.04.2025' in para 4 of the above said order with 'Post on 10.06.2025' where ever it is necessary in the order, dated 01.04.2025 and issue fresh order copies to the parties.

4.It is also submitted that as directed in the above said order copy, cost has been paid and cost memo has also been also filed to that effect. Hence, in view of the same, this petition stands allowed and the second appeal is restored to the file. List the second appeal on 10.06.2025.

Sd/- Assistant Registrar (C.O) // True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai.

TO

1. The Principal District Judge, Thanjavur.

2. The District Munsif, Thiruvayyaru.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (for posting the second appeal on 10.06.2025)

ORDER DATED : 08/04/2025 ========================== RESTORATION ORDER ========================== CMP(MD). No.17294 of 2024 in SA(MD).No.132 of 2005 Giving direction and etc.

as stated within.

RS (28/04/2025) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.