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Madras High CourtCMP(MD)/1977/2023allowed

Jeyakumar, v. Sabitha Kumari,

2023-02-20Honourable Mr Justice R.Vijayakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twentieth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice R.VIJAYAKUMAR CMP(MD). No.1977 of 2023 in CRP(MD).No. 1347 of 2021 Jeyakumar, S/o. Chellappan, Manickavilai, Devicode, Uthayamarthandam Post, Midalam Village, Vilavancode Taluk, Kanyakumar District.

... Petitioner/ Petitioner Vs Sabitha Kumari, D/o.Jeyakumar, Manickavilai, Devicode, Uthayamarthandam Post, Midalam Village, Vilavancode Taluk, Kanyakumar District.

... Respondent/Respondent Prayer in CMP(MD). No.1977 of 2023:- This Civil Miscellaneous Petition filed under Order 9 rule 9 of C.P.C., praying this Court to restore the CRP (MD).No.1347 of 2021 on the file of this Court, dated 14-03-2022. Prayer in CRP(MD). 1347/ 2021 :

This Civil Revision Petition filed under Article 227 of Constitution of India, praying this Court to call for the records relating to the Order dated 19.03.2020 made in I.A.No. 3 of 2020 in O.S. No. 302 of 2018 on the file of the Learned Subordinate Judge, Padmanabhapuram now transfer and renumbered as O.S. No. 94 of 2021 on the file of the Family Court, Nagarkoil set aside the same and consequently allow the civil revision petition. 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.S.Ramakrishnan, Advocate for the Petitioner, this Court made the following order: https://www.mhc.tn.gov.in/judis

"The present petition has been filed to restore the civil revision petition that got dismissed automatically in view of noncompliance of the order dated 14.03.2022. Since the petitioner has complied with the order belatedly, the Civil Revision Petition is restored. Accordingly, the Civil Miscellaneous Petition stands allowed. The learned Judge, Family Court, Nagercoil, is directed to dispose of O.S.No.94 of 2021 on merits and in accordance with law. " Sd/- Assistant Registrar(CS-II) // True Copy // /03/2023 Sub Assistant Registrar(CS) RMK To 1.The Family Court, Nagarkoil.

2.The Sub Judge, Padmanabhapuram.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 20/02/2023 ==========================

ORDER

========================== CMP(MD). No.1977 of 2023 in CRP(MD).No. 1347 of 2021 SI(02.03.2023) 2P/ 4C https://www.mhc.tn.gov.in/judis