Madras High CourtCMP(MD)/8224/2023ordered

Krishnammal (Died) 2.Ravichandran v. Chellathayee

2023-09-11Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Eleventh day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY in SA(MD)No.891 of 2014 1.Krishnammal (Died) ... 1st Appellant 2.Ravichandran ... 2nd Petitioner/2nd Appellant Vs 1 Chellathayee 2 Maheswari 3 Muthammal 4 Tahsildar Ettaiyapuram Tahsildar Office Kovilpatti ... Respondents 1- 4/Respondents 1 - 4 Prayer in CMP(MD). No.8224 of 2023 To set aside the order dated 31.08.2021 made in Second Appeal SA No.891/2014 before this Honourable Court was dismissed for non-prosecution and restore the same .

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Prayer in SA (MD) No.891 of 2014 Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 26.07.2001 made in A.S. No.47 of 2012 on the file of the Subordinate Judge, Kovilpatti confirming the Judgment and Decree of the District Munsif Kovilpatti in O.S.No.264 of 2009 dated 09.12.2011. 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 Mr.PT.S.Narendrvasan Advocate for the Petitioner and of Mr.V.Perumal Advocate for the 1st Respondent, and for the M/s.Muthukamatchi Advocate for the 3rd Respondent this Court made the following order: This petition is filed to set aside the order dated 31.08.2021 made in S.A.(MD) No.891 of 2014 and restore the said appeal.

2.The learned counsel for the respondents has not made any serious objection in allowing this petition.

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3.In view of the same, the order of dismissal dated 31.08.2021 is set aside and the said appeal is restored on file.

Sd/- Assistant Registrar(CS III) // True Copy // /09/2023 Sub Assistant Registrar(CS ) TO 1.The Subordinate Judge, Kovilpatti 2.The Distrit Munsif Kovilpatti.

Copy to:

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

2. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) 3/4

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ORDER DATED : 11/09/2023 Hearing Date : 19/09/2023 ==========================

ORDER

========================== in SA(MD) No.891 of 2014 Giving direction and etc.

as stated within.

KSR/14.09.2023 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4