Madras High CourtCMP(MD)/9664/2023allowed

Sonaimuthu, v. Irsath Ahamad

2024-01-31Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Thirty First day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in SA(MD) No.664 of 2022

1. Sonaimuthu 2.Chinnathambi 3.Nachiyappan ... Petitioners/Appellants Vs 1 Irsath Ahamad 2 Thalamuthu ... Respondents/Respondents Prayer in CMP (MD) No.9664 of 2023 Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC to set aside the dismissal order dated 17.04.2023 due to non - prosecution and Restore the same and thus render justice.

Prayer in SA(MD) No.664 of 2022 Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 17.06.2022, and made in Appeal Suit No.98 of 2017 on the file of the Additional Subordinate Judge, Dindigul, confirming the judgment and decree dated 22.06.2017, made in Original Suit No. 5 of 2013 on the file of the District Munsif, Nilakottai.

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 1/3

Mr.J.Gunaseelanmuthiah Advocate for the Petitioner this Court made the following order:

This Civil Miscellaneous Petition is filed to set aside the dismissal order, dated 17.04.2023.

2. The Learned Counsel appearing for the respondents have not raised serious objections for condoning the delay.

3. Considering the reasons stated in the affidavit filed in support of the petition, this petition is allowed.

4. Registry is directed to restore the Appeal and post the matter on 29.02.2024.

5. Notice to the respondents. Private Notice is also permitted. Sd/- Assistant Registrar (CS-II) // True Copy // /02/2024 Sub Assistant Registrar (CS-I,II,III,IV) TO 1.The Additional Subordinate Judge, Dindigul.

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2.The District Munsif, Nilakottai.

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.

ORDER DATED : 31/01/2024 ==========================

ORDER

========================== in SA(MD) No.664 of 2022 Giving direction and etc.

as stated within.

KB(07.02.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3