Madras High CourtCMP(MD)/7387/2021allowed

Kasiraj, v. Subbaraj,

2023-07-19Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Nineteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMP(MD). No.7387 of 2021 in SA.No.1572 of 2003 Kasiraj ... Petitioner/Appellant Vs Subbaraj ... Respondent/Respondents Prayer in CMP(MD). No.7387 of 2021 Petition filed under order 41 Rule 19 of CPC To restore the S.A(MD)No. 1572 of 2003 which was dismissed for default on 17.02.2021 and pass such further or other order as this Honourable Court Prayer in SA No.1572 of 2003 Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 12.09.2001 made in A.S. No.101 of 2001 on the file of the Subordinte Judge, Aruppukottai confirming the Judgment and Decree of the District Munsif, Aruppukottai dated 09/12/1998 made in O.S.No.210 of 1995. 1/4

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.V.R.Venkatesan Advocate for the Petitioner and of M/s.VijayaKumari Natarajan Advocate for the respondent, this Court made the following order: This petition is filed to restore the SA.No.1572/2003 which was dismissed for default on 17/02/2021.

The learned counsel for the respondent would submit that she has no objection in allowing this petition.

Hence, this petition is allowed and SA.No.1572/2003 is restored. Sd/- Assistant Registrar(CS-I) // True Copy // /08/2023 Sub Assistant Registrar(CS) TO 1.The Subordinate Judge, Aruppukottai .

2.The District Munsif, Aruppukottai Copy to:

1. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 2/4

2. The Section Officer, VR.Section, Madurai Bench of Madras High Court, Madurai.

Hon`ble Mr.Justice KRISHNAN RAMASAMY ORDER DATED : 19/07/2023 ========================== Restore ========================== CMP(MD). No.7387 of 2021 in SA No.1572 of 2003 Giving direction and etc.

as stated within.

KB(09.08.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/4

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