Madras High CourtCMP(MD)/14612/2023allowed

Vellimalai Rubber Company Ltd v. State Of Tamilnadu

2023-10-31Honourable Mrs Justice R. Kalaimathi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Thirty First day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice R. KALAIMATHI in S.A.No.1238 of 2003 M/s. Vellimalai Rubber Company Ltd., Reb by its Director, Velimalai Estate, Velimalai Post, Kanyakumari District. ... Petitioner/Appellant Vs State of Tamilnadu Rep by its District Collector, Kanyakumari District.

... Respondent/Respondent Prayer :- This Petition filed under Order 41 Rule 19 of C.P.C.,to set aside the dismissal order date 25.04.2023 in S.A.No.1238 of 2003 and restore the same on the file of this Honble Court and thus render justice.

Prayer S.A.No.1238 of 2003:- Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 09.01.2003 in A.S.No.55 of 2002 on the file of the Additional District Court, Kanyakumari District, Nagercoil reversing the 1/3

Judgment and Decree dated 14.02.2002 in O.S.No.43 of 1997 on the file of the Subordinate Court, Padmanabhapuram.

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. K. Govindarajan Advocate for B. Ponnupandi, Advocate for the Petitioner and of Mr. A. Baskaran, Addl. Govt. Pleader for the respondent, this Court made the following order:

The learned counsel representing on behalf of Mr. A. Baskraan, learned Additional Government Pleader for the respondent has no serious objection.

2. Accepting the reasons stated in the affidavit, the petition is allowed. Sd/- Assistant Registrar () // True Copy // /11/2023 Sub Assistant Registrar(CS) Mbi TO

1. The Additional District Judge, Kanyakumari District, Nagercoil.

2. The Subordinate Judge, Padmanabhapuram.

3. The District Collector, Kanyakumari District.

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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. (2 COPIES) ORDER DATED : 31/10/2023 ==========================

ORDER

========================== in S.A.No.1238 of 2003 Giving direction and etc.

as stated within.

RD(08/11/2023) 3P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3