N.Chidambaram v. R.Chitra

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty Eighth day of August Two Thousand and Twenty Five PRESENT THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE in SA(MD) No.471 of 2021 N.Chidambaram ..

Petitioner/Appellant Vs 1.R.Chitra 2.R.Gowtham ..

Respondents/Respondents Prayer in CMP(MD). No.11768 of 2024 :- This Civil Miscellaneous Petition filed under Order 41 Rule 19 r/w 151, C.P.C., praying this Court, to Set aside the order dated 29.07.2024 passed in SA(MD). No.471 of 2021.

Prayer in SA(MD). 471/ 2021 :

This Second Appeal filed under section 100 of C.P.C., praying this Court, to set aside the decree and judgment passed in AS No.5 of 2020 on the file of the learned Sub Court, Aranthangi dated 27.01.2021 confirming the decree and judgment passed 1/4

in OS No.117 of 2007 dated 19.12.2019 on the file of the learned District Munsif Court, Aranthangi.

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.K.Ilayaraja, Advocate for the Petitioner and of Mr.K.Suresh, Advocate for the respondents, this Court made the following order: "This petition is filed to set aside the order dated 29.07.2024 passed in S.A.(MD)No.471 of 2021.

2. Heard.

3. The learned counsel for the petitioner submits that the petitioner engaged a Senior Counsel to argue the case, at that time, Senior Counsel engaged in another case and cannot appear in this case and hence, he prayed for allowing the petition.

4. In view of the reasons stated in the affidavit, which are found to be bona fide, C.M.P. (MD)No.11768 of 2024 is allowed and the order dated 2/4

29.07.2024 passed in SA(MD)No.471 of 2021 is set aside and the second appeal is restored"

Sd/- Assistant Registrar ( C.S. II ) // True Copy // / /2025 Sub Assistant Registrar ( CS - I / II / III / IV ) To

1. The Subordinate Judge, Aranthangi.

2. The District Munsif, Aranthangi.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

3/4

ORDER DATED : 28/08/2025 ==========================

ORDER

========================== in SA(MD) No.471 of 2021 Giving direction and etc.

as stated within.

SB/08.09.2025/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4