Sampoornathammal Alias Sambu (Died) N.Balasundaram v. Santhi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Thirteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI in S.A.No.1980 of 2001.

Sampoornathammal @ Sambu(Died) N.Balasundaram ... Petitioner / Appellant -Vs- Santhi ... Respondent / Respondent Prayer :- Petition filed Under Order 41 Rule 19 of Civil Procedure Code to set aside the order dated 16-08-2019 i S.A.No.1980 of 2001 to restore the second appeal on the file of this Hon`ble Court and thus render justice. Prayer in S.A.No.1980 of 2001 :- Second Appeal filed Under Section 100 of C.P.C., against the Judgment and Decree dated 20.10.2000 made in A.S.No.120 of 1997, on the file of the Principal Subordinate Judge, Thanjavur, confirming the Judgment and decree dated.03.12.1996 made in O.s.No.152 of 1994 on the file of the District Munsif, Thanjavur.

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 1/3

Mr.K.Govindarajan, Advocate For M/s. Sarvabhauman Associates for the Petitioner and of Mr.V.K.Vijaya Raghavan, Advocate for the Respondent, this Court made the following order:

This Petition is filed to set aside the order dated 16.08.2019 and restore the above second appeal.

2.S.A.No. 1980 of 2001, was dismissed for non prosecution on 16.08.2019. 3.The learned counsel for the respondent has no objection to allow this petition.

4.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition. Accoridngly, this Civil Miscellaneous petition id allowed.

5.Registry is directed to restore S.A.No. 1980 of 2001 and list the matter after three weeks.

Sd/- Assistant Registrar () // True Copy // /03/2024 Sub Assistant Registrar() 2/3

To

1. The Principal Subordinate Judge, Thanjavur,

2. The District Munsif, Thanjavur.

Copy to:

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

2. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (For Restoration and Posting the matter) ORDER DATED : 13/03/2024 Next Hearing : After 3 Weeks ==========================

ORDER

========================== in S.A.No.1980 of 2001 Giving direction and etc.

as stated within.

KB(21.03.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3