Madras High CourtCMP(MD)/12449/2018ordered

C.Karthikeyan @ Kalyananathan, v. Karthickpriya,

2019-06-21Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Twenty First day of June Two Thousand and Nineteen

CORAM:

The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD)No.12449 of 2018 IN CRP(MD)No.193 of 2015 C.KARTHIKEYAN @ KALYANANATHAN ... Petitioner/Petitioner/Defendant Vs KARTHICKPRIYA ... Respondent/Respondent/Plaintiff Prayer in CMP(MD)No.12449 of 2018 :- Civil Miscellaneous Petition is filed under Order 41 Rule 19 of Civil Procedure Code praying this Hon'ble Court to pass an order setting aside the order dated 10.09.2018 passed in the Civil Revision Petition in C.R.P.(MD)No.193 of 2015 and to restore the same to file for rehearing.

Prayer in CRP(MD)No.193 of 2015 :

Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order and decreetal order passed in I.A.No.5 of 2014 in O.S.No.462 of 2011 dated 17.12.2014 on the file of the Vth Additional Sub-Judge, Madurai.

ORDER:- Civil Revision Petition is coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.R.JEYAPALAM, Advocate for the Petitioner and of Mr.D.VENKATESH, Advocate for the respondent, this Court made the following order: Heard.

This petition has been filed by the petitioner seeking to set aside the dismissal order dated 10.09.2018 and restore C.R.P(MD) No.193 of 2015, which was dismissed for non-prosecution on 10.09.2018.

https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel for the respondent does not have any objection for allowing the petition.

/ 2 / 3.Being satisfied with the reasons stated in the affidavit filed in support of the petition, the dismissal order dated 10.09.2018 passed in C.R.P(MD)No. 193 of 2015 is set aside and C.R.P (MD)No. 193 of 2015 is restored to file.

4.This petition is ordered accordingly.

5.Registry is directed to post C.R.P(MD)No. 193 of 2015 for hearing on 11.07.2019.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) TO The Vth Additional Sub-Judge, Madurai.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. (To List the Main case on 11/07/2019) ORDER DATED : 21/06/2019 HEARING DATE : 11/07/2019 ========================== RESTORATION ========================== CMP(MD). No.12449 of 2018 IN CRP(MD).No.193 of 2015 Giving direction and etc.

as stated within.

KS(04.07.2019) 2 P 3 C https://hcservices.ecourts.gov.in/hcservices/