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Madras High CourtCMP(MD)/11501/2025allowed

Jegadheesa Prasad v. Radhakrishnan

2025-08-19Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Nineteenth day of August Two Thousand and Twenty Five PRESENT THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR CMP(MD). No.11501 of 2025 in SA(MD)NO.224 OF 2004 Jegadheesa Prasad ... Petitioner/Appellant Vs Radhakrishnan ... Respondent/Respondent Prayer in CMP(MD)No.11501 of 2025 :- This Civil Miscellaneous Petition is filed Under Order 41,Rule 19 of C.P.C.,to restore the Second Appeal in S.A.(MD) No.224 of 2004 which was dismissed for default on 08.07.2025.

Prayer in SA(MD)No.224 of 2004 :- This Second Appeal is filed Under Section 100 of the C.P.C., against the judgment and decree in A.S.No.16 of 2003, dated 16.02.2004 on the file of Principal District Judge,Srivilliputtur by confirming the judgement and decree in O.S.No.365 of 2000 dated 13.01.2003 on the file of the Additional District Munsif,Srivilliputtur.

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.M.Thirunavukkarasu, Advocate for the Petitioner and of Mr.A.Saravanan For Mr.A.Sivaji,Advocate for the respondent, this Court made the following order:

Being satisfied with the reasons stated in the affidavit filed in support of the petition, this restoration petition is allowed. 2.Registry is directed to restore the second appeal on file. Sd/- ssistant Registrar (CO) // True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV) TO

1. The Principal District Judge, Srivilliputtur

2. The Additional District Munsif, Srivilliputtur.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai + 1CC TO MR.M.THirunavukkarasu,ADVOCATE IN CA SR NO.52442 /2025 dt: 19.08.2025 + 1 CC TO MR.A.SIVAJI,ADVOCATE IN CASR NO. 52487/2025 dt:20.08.2025 ORDER DATED : 19/08/2025 ==========================

ORDER

========================== CMP(MD). No.11501 of 2025 IN SA(MD)NO.224 OF 2004 Giving direction and etc.

as stated within.

TS (28/08/2025) 3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.