Madras High CourtCMP(MD)/4432/2018ordered

Kandasamy Reddiyar v. Narayanan

2020-08-07Honourable Mr Justice K. Kalyanasundaram2 pages

CMP(MD). No.4432 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Seventh day of August Two Thousand and Twenty PRESENT The Hon'ble Mr Justice K.KALYANASUNDARAM CMP(MD). No.4432 of 2018 in CRP(MD).No.2556 of 2010 Kandasamy Reddiyar ... Petitioner/Petitioner Vs Narayanan ... Respondent/Respondent Prayer in CMP(MD). No.4432 of 2018:- Civil Miscellaneous Petition filed under Order 9 Rule 9 read with Section 151 of Civil Procedure Code, praying this Hon'ble Court to restore in CRP(MD) No.2556 of 2010 by setting aside the order of dismissal for default dated 5.6.2014.

Prayer in CRP(MD).No.2556 of 2010 :

Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside fair and decreetal order made in I.A.No.37 of 2010 in O.S.No.22 OF 2007 DATED 28.07.2010 on the file of the Sub Court, Valliyoor.

ORDER:- Civil Miscellaneous Petition is coming upon for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.J.Ashok, Advocate for the Petitioner, this Court made the following order: This civil miscellaneous petition has been filed to restore the above civil revision petition, which was dismissed for nonprosecution on 05.06.2014.

2. It is seen that the delay in filing this application was condoned by this Court on 24.04.2018. The court notice and the private notice sent to the respondent has been returned with an endorsement "refused". The name of the respondent has been printed in the cause-list, but there is no representation for the respondent.

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CMP(MD). No.4432 of 2018

3. Considering the above aspects, this civil miscellaneous petition is allowed and the above civil revision petition is restored to file.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) To The Subordinate Judge, Valliyoor.

Copy to 1 The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai.

(2 Copies) 2 The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

(For information) ORDER DATED : 07/08/2020 ========================== RESTORED ========================== CMP(MD). No.4432 of 2018 in CRP(MD).No.2556 of 2010 Giving direction and etc.

as stated within.

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