Madras High CourtCMP(MD)/7166/2023allowed

Thangaraj (Died), Chithiran v. K.Pitchan

2023-06-28Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Twenty Eighth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice ABDUL QUDDHOSE in SA(MD)No.657 of 2022 Thangaraj (Died) 1.Chithiran 2.V.Pitchan 3.Veerayee 4.Rajeswari 5.Maheswari ... Petitioner/Appellants Vs 1 K.Pitchan 2 Karuppaiah 3 Ambalam 4 Karuppanan 5 Chithiran 6 Chinnakalai 7 Alagappan 8 Karuppanan 9 Karuppayee 10 P.Karuppanan 11 K.Karuppanan 12 V.Karuppanan 13 V.Vadamugathan 14 Sankaran 1/3

15 Ayyankalai 16 Alagan 17 Sangan 18 Chinnakaruppan 19 Kangani 20 Ponnazhagu 21 Azhagu 22 Sivakumar (No Relief Sought For Against the Respondents 2 To 21 and they may be given up ) ... Respondent/Respondent Prayer in CMP(MD). No.7166 of 2023 Petition filed under section 41Rule 19 of C.P.C. To set aside the order of dismissal dated 08.06.2023 and to restore the above Second Appeal in S.A.(MD) No.657 of 2022 on file, and pass such further other suitable orders and thus render justice Prayer in SA(MD)No.657 of 2022 This Second Appeal filed under section 100 of the Civil Procedure code, against the Judgment and Decree dated 20/07/2022 made in A.S.No.180 of 2019 on the file of the Subordinate Judge, Melur, confirming the Judgment and Decree dated 03/10/2019 made in O.S.No.

41 of 2009 on the file of the District Munsif Melur 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 M/s.J.Anandhavalli Advocate for the Petitioner and of Mr.K.R.

This Civil Miscellaneous Petition has been filed to restore the second appeal in S.A.(MD)No.657 of 2022, which was dismissed for non-prosecution on 08.06.2023.

2. The learned counsel appearing for the first respondent has also not raised any serious objection in allowing this petition.

3. This Court is satisfied with the reasons contained in the affidavit filed in support of this application seeking to restore the above Second Appeal. Accordingly, this Civil Miscellaneous 2/3

Petition is allowed as prayed for. This Second Appeal is restored to the file of this Court.

4. Post the matter for arguments finally on 06.07.2023. Sd/- Assistant Registrar(CS-I) // True Copy // /07/2023 Sub Assistant Registrar(CS) TO 1.The Subordinate Judge, Melur 2.The District Munsif Melur.

Copy to:

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

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

ORDER DATED : 28/06/2023 ==========================

ORDER

========================== in SA(MD) No.657 of 2022 Giving direction and etc.

as stated within.

KB(04.07.2023) 3P 6C 3/3