Madras High CourtCMP(MD)/10612/2022ordered

T.S.Govindarajan v. Ramayee (Died),2).T.Muthumanickam,

2023-06-12Honourable Mr Justice N. Sathish Kumar2 pages

CMP(MD). No.10612 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twelfth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR CMP(MD). No.10612 of 2022 in A.S(MD).No.135 of 2010 T.S.Govindarajan ... Petitioner/Appellant Vs 1 Ramayee (Died), 2 T.Muthumanickam, 3 T.Senthamarai, 4 Alamelu, 5 A.Thiyagarajan, 6 A.Sivagami, ... Respondents/Respondents Prayer :- This Petition is filed under order 41 Rule 19 of C.P.C to restore the main appeal to file which came to be dismissed for default in A.S.No.135 of 2010 on 04-07-2022 Prayer in A.S.(MD).No.135 of 2010:- First Appeal filed under section 96 of the Civil Procedure Code against the Judgment and decree made in O.S,No.72 of 2006 dt 31.03.2009 on the file of the Additional District and Sessions Judge (Fast Track Court No.1) Tiruchirappalli.

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.S.Ramesh, Advocate for the Petitioner and the Respondents 2 to 6 not appearing in person or by Advocate this Court made the following order: Despite paper publication, none appeared for the respondents.

2. Considering the fact that the appeal has been dismissed for default and also considering the reasons assigned in the affidavit filed in support of this petition, in order to give fair opportunity to the parties, the application is allowed.

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CMP(MD). No.10612 of 2022

3. Post the appeal for final hearing on 06.07.2023. Sd/- Assistant Registrar (CS-II) // True Copy // /06/2023 Sub Assistant Registrar(CS) akv TO

1. The Additional District and Sessions Judge (Fast Track Court No.1) Tiruchirappalli.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 12/06/2023 ==========================

ORDER

========================== CMP(MD). No.10612 of 2022 in A.S(MD).No.135 of 2010 Giving direction and etc.

as stated within.

RD (16/06/2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2