M.Murugesan v. Lakshmanan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Seventeenth day of July Two Thousand and Twenty Five PRESENT THE HONOURABLE MR. JUSTICE M.DHANDAPANI in C.R.P.(MD)S.R.No.70197/2023 M.Murugesan ... Petitioner/Petitioner Vs 1 Lakshmanan 2 Naagarathinam @pappal 3 Chandra 4 Ramesh ... Respondents/Respondents Prayer in C.M.P(MD)No.9564/2024 The petition is filed u/s 5 of Limitation Act to condone the delay of 51 days in filing to set aside the order made in unnumbered C.R.P.(MD)S.R.No.70194 of 2023 dated 18.04.2024 dismissed for non-prosecution. Prayer in C.R.P.(MD)S.R No.70197/2023:- The petition filed under article 227 of Constitution of India, to set aside the judgment and decree made in O.S.No. 212/2017, dated 28/03/2018 on the file of the District Munsif Court, Kulithalai.

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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 Thiru.I Velpradeep, Advocate for the Petitioner this Court made the following order: The learned counsel appearing for the petitioner seeks permission of this Court to withdraw the C.M.P(MD)No.9564 of 2024 and he has also made an endorsement to that effect.

2. In view of the above, C.M.P(MD)No.9564 of 2024 is dismissed as withdrawn. Consequently, connected C.R.P(MD)SR.No.70197 of 2023 is closed. Liberty is granted to the petitioner to file a third party appeal before the trial Court. On filing such appeal, the court concerned shall exclude the period of limitation pending before this Court.

Sd/- Assistant Registrar ( C.O ) // True Copy // / /2025 Sub Assistant Registrar ( CS - I / II / III / IV ) 2/4

TO 1.District Munsif Judge, Kulithalai.

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

+1CC to M/s. I. VELPRADEEP (SR-43796[F] dated 17/07/2025) 3/4

ORDER DATED : 17/07/2025 ==========================

ORDER

========================== in C.R.P.(MD)S.R.No.70197/2023 Giving direction and etc.

as stated within.

SB/07.08.2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4