Madras High CourtCMP(MD)/8507/2021allowed

P.Ponnusamy, v. S.Soundara Rajan,

2022-03-18Honourable Ms Justice R.N.Manjula2 pages

CMP(MD). No.8507 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Eighteenth day of March Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA CMP(MD). No.8507 of 2021 in AS(MD).146 OF 2020 P.Ponnusamy ... Petitioner/Appellant Vs S.Soundara Rajan ... Respondent/Respondent Prayer :- Civil Miscellaneous Petition filed to set aside the order of dismissal for default dated 29.06.2021 passed in A.S.(MD)No. 146 of 2020, on the file of this Honourable Court and restore the same to file.

ORDER:- This Civil Miscellaneous 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. P.Jessi Jeeva Priya, Advocate for the Petitioner and of M/s. M.Solaisamy, Advocate for the respondent, this Court made the following order: "This petition is filed to set aside the order of dismissed for default dated 29.06.2021 passed in A.S(MD).No.146 of 2020 and to restore the same.

2. The respondent did not file any objection. 3.The learned counsel for the petitioner submitted that since the appellant was undergoing some medical treatment, he could not contact his counsel.

4. In the interest of justice, I feel that an opportunity should be given by setting aside the order of dismissed for default dated 29.06.2021 passed in A.S(MD).No.146 of 2020. Accordingly, this petition is allowed on condition that the petitioner counsel shall pay a sum of Rs.1,000/- as cost. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD). No.8507 of 2021

5. Accordingly, this petition is allowed and on the condition that the petitioner is to pay a sum of Rs.1,000/- (Rupees one Thousand only) as cost to the respondent within a period of two weeks from today."

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO THE SUB ASSISTANT REGISTRAR (A.E) MADURAI BENCH OF MADRAS HIGH COURT MADURAI Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 18/03/2022 ==========================

ORDER

========================== CMP(MD). No.8507 of 2021 Giving direction and etc.

as stated within.

RD(29.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2