Madras High CourtCMP(MD)/1534/2025allowed

P.Kalidoss v. Meenalochani,

2025-02-18Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Eighteenth day of February Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI CMP(MD). No.1534 of 2025 in S.A.(MD)No.117 of 2013 P.Kalidoss ... Petitioner Vs Meenalochani ... Respondent Prayer :- Civil Miscellaneous Petition filed under order 41 rule 19 r/w section 151 of CPC., To restore the appeal by setting aside the order of dismissal in SA No.117 of 2013 by this Honourable Court dated 14.06.2018. Prayer in S.A.(MD)No.117 of 2013:- Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908, allow the appeal by setting aside the judgment and Decree passed in A.S.No.35 of 2010 on the file of the Sub Court, Uthamapalayam, dated 22.07.2011 confirming the judgment and decree in O.S.No.55 of 2009 on the file of the District Munsif Court, Uthamapalayam, dated 06.01.2010. 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.R. Manimaran, Advocate for the Petitioner and of Mr. A. Thirumurthy, Advocate for the respondent, this Court made the following order: This Civil Miscellaneous Petition has been filed to restore the appeal, in S.A. (MD)No.117 of 2013, which was dismissed for default on 14.06.2018.

2. Heard the learned counsel appearing on either side, and I have perused the affidavit filed in support of this petition.

3. The learned counsel for the respondent did not raise any objection.

4. Being satisfied with the reasons stated in the affidavit, this Civil Miscellaneous Petition is allowed.

5. Registry is directed to restore the Second Appeal in S.A.(MD) No.117 of 2013 and list the same on 11.03.2025.

Sd/- Assistant Registrar(CO) // True Copy // /02/2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO

1. The Subordinate Judge, Uthamapalayam.

2. The District Munsif , Uthamapalayam

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 18/02/2025 ==========================

ORDER

========================== CMP(MD). No.1534 of 2025 in S.A.(MD)No.117 of 2013 Giving direction and etc.

as stated within.

MGJ(26.02.2025) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023