Jessy V.Rajan v. N.Velayudhan

CMP(MD) No.8681 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirtieth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CMP(MD) No.8681 of 2022 IN AS(MD) No.110 of 2012 JESSY V.RAJAN ... PETITIONER/APPELLANT Vs N.VELAUDHAN ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order passed by this Honourable Court in the above Appeal Suit on 14.07.2022 which was dismissed for Non Prosecution and restore the same on the file.

Prayer in AS(MD)No.110 of 2012 :

To reverse and set aside the judgment and decree dated 08.08.2012 made in O.S.No.153 of 2004 on the file of District and Sessions Court, Kanyakumari, at Nagercoil and dismissed the suit with cost by allowing the appeal.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.B.BRIJESH KISHORE, Advocate for the petitioner and of MR.M.SURI, Advocate on behalf of the Respondent, the court made the following order:- The Civil Miscellaneous Petition has been filed seeking orders to set aside the order, dated 14.07.2022 and restore A.S(MD)No.110 of 2012, which was dismissed for non-prosecution. 2.The learned counsel for the respondent has not raised any serious objections to allow this petition. He would further submit that the dispute is between the husband and wife and that the matter may be referred to Mediation.

3.The learned counsel for the petitioner would submit that it is a fit case for Mediation.

https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.8681 of 2022 4.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed. Registry is directed to restore the same and refer the matter before the Mediation and Conciliation Centre attached to this Bench. 5.Post the matter on 10.11.2022, for mediation report. sd/- 30/09/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT AND SESSIONS JUDGE, KANYAKUMARI AT NAGERCOIL. COPY TO THE CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY)

ORDER

IN CMP(MD) No.8681 of 2022 IN AS(MD) No.110 of 2012 Date :30/09/2022 das RS/VR/SAR(07.10.2022) 2P-2C https://www.mhc.tn.gov.in/judis 2/2