Mr.V.Ayyalusamy, v. Mr.Babu Rajendran,

CMP(MD) No.11981 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fifteenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice N.MALA CMP(MD) No.11981 of 2018 IN AS No.150 of 2001 MR.V.AYYALUSAMY, ... PETITIONER/APPELLANT Vs BABU RAJENDRAN, ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 2076 days in filing petition for restoration of appeal in A.S.No.150 of 2001, which was dismissed for nonprosecution on 16.10.2012. PRAYER IN AS(MD)No.150 of 2001:

To prefer this Memorandum of Regular Appeal to this Hon'ble Court against the judgment and decree dted 25.06.2001 made in O.S.No.31 of 1998 on the file of the Subordinate Judge, Kovilpatti, Thoothukudi District.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.B.RAJESH SARAVANAN, Advocate for the petitioner and of MR.M.P.SENTHIL, Advocate on behalf of the Respondent, the court made the following order:- As per the order passed by this Court, dated 06.02.2023 the petitioner has paid a sum of Rs.10,000/- to the respondent and he has also filed a cost memo to that effect and the same is recorded.

2. The petitioner is permitted to withdraw this petition with liberty to file a fresh petition to restore MP(MD).No.1 of 2013 in A.S.No. 150 of 2001.

https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.11981 of 2018

3. Accordingly, this petition is dismissed as withdrawn. sd/- 15/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO THE SUBORDINATE JUDGE KOVILPATTI, THOOTHUKUDI

ORDER

IN CMP(MD) No.11981 of 2018 IN AS No.150 of 2001 Date :15/02/2023 PKP/SBN/SAR-2/21.02.2023/2P/2C https://www.mhc.tn.gov.in/judis 2/2