Madras High CourtCMP(MD)/8006/2019ordered

S.Rathina Sabapathy v. Karuppaiah Servi

2019-11-25Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Monday, the Twenty Fifth day of November Two Thousand and Nineteen PRESENT The Hon'ble Mrs.Justice J.NISHA BANU in SA(MD).No.137 of 2007 S.Rathina Sabapathy

...Petitioner/Appellant

Vs 1 Karuppaiah Servi 2 Subbiah Servai 3 Vaithialingam Servai (Died) 4 Kasinathan 5 Dakshnina Moorthy ...Respondents 1 to 5/Respondents 1 to 5 Prayer in CMP(MD). No.8006 of 2019 :- Civil Miscellaneous Petition is filed under Order XLI Rule 19 read with section 151 of Civil Procedure Code, praying this Hon'ble Court to restore the Second Appeal No.137 of 2007 which was dismissed for non-Prosecution dated 8.4.2019. Prayer in SA(MD).No.137 of 2007 :

second Appeal is filed under section 100 of Civil Procedure Code, praying this Hon'ble Court to set aside the Judgment and Decree dated 27/09/2005 made in AS.No.3 of 2005 on the file of the District Judge, Pudukkottai confirming the Judgment and Decree dated 15/02/2000 made in O.S.No.171 of 1997 on the file of the District Munsif cum Judicial Magistrate, Thirumayam.

ORDER:- Civil Miscellaneous 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.V.Ramakrishnan, Advocate for the Petitioner and of Mr. P.Thiagarajan, Advocate for the respondents No.4 and 5, this Court made the following order: Assistant Registrar TO

1. The District Judge, Pudukkottai

2. The District Munsif cum Judicial Magistrate, Thirumayam.

3. The Secretary, Legal Services Committee, Madurai 1/3

Bench of Madras High Court, Madurai.

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

(To List the Matter in Main case on 10.12.2019) 2 The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT The Hon'ble Mrs.Justice J.NISHA BANU ORDER DATED : 25/11/2019 ========================== Restoration ========================== 2/3

in SA(MD).No.137 of 2007 Giving direction and etc.

as stated within.

VB(02.12.2019) 3P C 3/3