Madras High CourtCMP(MD)/9050/2022ordered

B.Sridhar v. G.Victor

2022-12-12Honourable Mrs Justice N. Mala2 pages

CMP(MD). No.9050 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twelfth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice N.MALA CMP(MD). No.9050 of 2022 IN A.S.(MD)No.14 of 2022 B.Sridhar S/o.Palchamy Thevar, Jakkammanpatty North Street, Kothapatty Post, Aundipatty Taluk, Theni District.

... Petitioner/Appellant Vs G.Victor S/o.Govindaraj, Pappammalpuram, Ward No.3, Aundipatty Panchayat, Aundipatty Taluk, Theni District.

... Respondent/Respondent Prayer in CMP(MD). No.9050 of 2022:- Civil Miscellaneous Petition filed Under Order 41 Rule 19 of C.P.C, 1908 to set aside the order dated 26-07-2022 made in AS (MD).No. 14 of 2022 and restore the same on the file of this Honourable Court and thus render justice.

Prayer in A.S.(MD)No.14 of 2022:- Appeal Suit is filed under Section 96 of the Civil Procedure Code, r/w. Order 41 Rule 1 of C.P.C., 1908, against the judgment and decree dated 31.08.2021 made in O.S.No.37 of 2018 on the file of the Principal District Court, Theni. 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. M. Mohamed Ibram Saibu, Advocate for the Petitioner, and the Respondent not appearing in person or by Advocate, this Court made the following order:

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CMP(MD). No.9050 of 2022 "This petition is filed to set aside the order, dated 26.07.2022 in A.S.(MD)No.14 of 2022 and to restore the same.

2. The private notice is served on the sole respondent and the acknowledgment card is filed in proof of service. As far as the Court notice is concerned, the same is awaited.

3. I have gone through the averments made in affidavit in support of the petition and I am satisfied with the same. The petition is allowed."

Sd/- Assistant Registrar (CS-II) // True Copy // /12/2022 Sub Assistant Registrar(CS) SN TO The Principal District Court, Theni.

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 : 12/12/2022 ========================== RESTORATION ========================== CMP(MD). No.9050 of 2022 IN A.S.(MD)No.14 of 2022 Giving direction and etc.

as stated within.

AMS(23.12.2022) 2P 5C https://www.mhc.tn.gov.in/judis 2/2