Madras High CourtCMP(MD)/9396/2023ordered

Thangammal v. Rahfi

2023-08-01Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the First day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY in SA .No.476 of 2001 Thangammal ... Petitioner/Appellant Vs 1 Rahfi 2 Minnal ( Died ) 2nd Respondent Died and 1st Respondent Who is Already On Record is Recorded as Lr of the Deceased R2 Vide Court Order Dated 21.06.2023 Made in CMP(MD)No.4022/2020 in SA No.476 /2001 ... Respondents/Respondents Prayer in CMP(MD). No.9396 of 2023 Civil Miscellaneous Petition filed under Order 41 Rule 19 of CPC To set aside the order passed in S.A.No.476 of 2001 dated 10.04.2008 and restore the same and decide the case on merits and thus render justice. 1/4

Prayer in SA No.476 of 2001 Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 13.07.2000 made in A.S. No.106 of 1998 on the file of the Principal District Judge, Ramanathapuram confirming the Judgment and Decree of the District Munsif Paramakudi, dated 24/12/1997 made in O.S.No.60 of 1993. 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.J.John Advocate for the Petitioner and none appeared for the Respondent this Court made the following order:

No representation for the Respondens.

In view of the conditional order passed in CMP(MD)No.4022 of 2020 and compliance of the same, this petition is allowed and the second appeal is restored. Post the Second Appeal on 17/08/2023 for final hearing. Sd/- Assistant Registrar(CS I) // True Copy // /08/2023 Sub Assistant Registrar(CS) 2/4

To 1.The Principal District Judge, Ramanathapuram.

2.The District Munsif, Paramakudi.

Copy to:

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

2. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) 3/4

Hon`ble Mr.Justice KRISHNAN RAMASAMY ORDER DATED : 21/08/2023 ==========================

ORDER

========================== in SA No.476 of 2001 SI(09.08.2023) 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

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