Madras High CourtCMP(MD)/10405/2024ordered

M.Santhanam v. P.Ponram

2024-09-06Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Sixth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI in AS(MD)No.56 of 2024

1. M.Santhanam 2.Perumayee 3.L.Muthu ... Petitioners/Appellants Vs P.Ponram ... Respondent/Respondent Prayer made in CMP(MD). No.10405 of 2024 Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC to set aside the Order dated 26/07/2024 passed by this Hon`ble Court in A.S.No.56 of 2024 dated which was dismissed for non-prosecution and restore the same and thus render justice.

Prayer made in AS(MD)No.56 of 2024 Appeal suit filed under order 41 rule 1 r/w section 96 of Civil Procedure code to set aside the Judgment and decree dated 06.12.2023 by way of dismissing the suit 1/3

in O.S. No.42 of 2019, on the file of Principal District Court, Dindigul. 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.R.Rajaselvan, Advocate for the Petitioner and of Mr.G.Kalyana Sundaram , Advocate for the Sole Respondent, this Court made the following order: "Mr.G.Kalyana Sundaram takes notice for the respondent, and submitted that he has no objection to allow this petition.

2. Heard the learned counsels on both the sides.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is ordered as prayed for. Sd/- Assistant Registrar (CO) // True Copy // /09/2024 Sub Assistant Registrar (CS - I, II, III, IV) mkn TO

1. The Principal District Judge, Dindigul.

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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.

+1 CC to M/s.R.RAJASELVAN, Advocate ( SR-11095[I] dated 10/09/2024 ) ORDER DATED : 06/09/2024 ========================== RESTORE ========================== in AS(MD) No.56 of 2024 Giving direction and etc.

as stated within.

SL(19.09.2024)/ 3P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3