Madras High CourtCMP(MD)/8993/2023ordered

J. Senthilvel, v. Visalakshi

2023-11-17Honourable Mrs Justice L.Victoria Gowri3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Seventeenth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice L. VICTORIA GOWRI CMP(MD). No.8993 of 2023 in AS.No.10 of 1995 J. Senthilvel, ... Petitioner/Appellant Vs 1 Visalakshi 2 Vairavan, 3 Jothimani, 4 Rajalakshmi, 5 Minor.Rajamanickam(Died), ... Respondents/Respondents Prayer :- Civil Miscellaneous Petition filed Under Order 41 Rule 19 of Code of Civil Procedure to set aside the order passed in A.S. No. 10 of 1995 dated 14.06.2023 and Restore the above first appeal in A.S. No. 10 of 1995 which was dismissed for default on 14.06.2023 by this Honourable Court and pass such further or other orders. Prayer in AS. 10/ 1995 :

Appeal Suit is filed Under Section 96 of the Civil Procedure Code,against the Judgement and Decree made in O.S.No. 22 of 1986 on the file of the Subordinate Judge, Devakottai, dated 08/03/1994.

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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 M/s. M.Kannan, Advocate for the Petitioner and No Appearance, for the respondent, this Court made the following order: This petition is filed to set aside the order passed in A.S.No.10 of 1995 dated 14.06.2023 and restore the First Appeal which was dismissed for default.

2. Heard.

3. Being satisfied with the reasons stated in the accompanying affidavit, this petition is allowed. Registry is directed to restore the First Appeal.

4. Post the main case on 07.12.2023.

Sd/- Assistant Registrar(CS III) // True Copy // /11/2023 Sub Assistant Registrar(CS) TO

1. The Subordinate Judge, Devakottai.

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

3 The Section Officer, Judicial Section, Madurai Bench of Madars High Court, Madurai.

ORDER DATED : 17/11/2023 ==========================

ORDER

========================== CMP(MD). No.8993 of 2023 in AS.No.10 of 1995 Giving direction and etc.

as stated within.

MK/27.11.2023 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3