Sivaraj, v. Shanthi,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Seventeenth day of April Two Thousand and Twenty Five PRESENT THE HONOURBALE MR.JUSCITE.K.K.RAMAKRISHNAN IN SA(MD).502 of 2022

1. Sivaraj,

2. Kamaraj, ... Petitioner(s)/Appellant(s) Vs 1 Shanthi, 2 Chitra, 3 Kamala 4 Muhamed Assarudin, ..Respondents/Respondents Prayer :- Civil Miscellaneous Petition filed under Order 41 Rule 19 of C.P.C, to set aside the dismissal order dated 31.03.2023 passed in SA(MD)No.502 of 2022 and restore the same into the file of this Honble Court for fresh consideration and thus render justice.

S.A(MD)No.502 of 2022:- Second Appeal filed Under Section 100 of the Civil Procedure Code to allow the Second appeal setting aside the judgment and decree dated 28/03/2022 in 1/3

A.S.No.71 of 2018 on the file of the principal Subordinate Court, Kumbakonam,confirming the judgment and decre dated 09/07/2018 in O.S.No.3 of 2014 on the file of the Principal District Munsif Court Kumbakonam. 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 Mr.V.SASIKUMAR , Advocate for the Petitioner, this Court made the following order:

The above petition has been filed to set aside the order dated 31.03.2023 in S.A.(MD).No.502 of 2022, which was ordered to be dismissed for non-prosecution and restore the petition on file.

2.Being satisfied with the reasons stated in the affidavit filed in support of the petition, this petition is ordered and the Registry is directed to restore the Second Appeal on file and post the Second Appeal on 29.04.2025 after numbering the same.

Sd/- ASSISTANT REGISTRAR (CS-II) // True Copy // 28/04/2025 Sub Assistant Registrar (CS- I, II, III, IV) 2/3

TO 1.The Subordinate Judge, Kumbakonam.

2.The Principal District Munsif, Kumbakonam.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 17/04/2025 ==========================

ORDER

========================== SK (28/04/2025) 3 P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3