Madras High CourtCMP(MD)/8313/2022ordered

Rajasingh, v. Kokila,

2022-12-08Honourable Mrs Justice N. Mala2 pages

CMP(MD)No.8313 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Eighth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice N.MALA CMP(MD)No.8313 of 2022 in CROS.OBJ(MD)No.7 of 2022 Rajasingh ... Petitioner/Petitioner Vs 1.Kokila Robin Jacob(died) 2.Madhan Bennet 3.Alwin Jacob 4.S.Deeban Rajesh 5.Jenolin Sweety Gananbai 6.Minor.Austin Immanuel Through his Court Guardian J.Rajendran, Advocate Tuticorin.

... Respondents/Respondents Prayer in CMP(MD)No.8313 of 2022 :- Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC., to set aside the Order dated 10.08.2022 dismissing the above Petition for non-payment of batta and restore the same and render justice.

Prayer in Cros.Obj(MD)No.7 of 2022:- Cross Objection is filed under Order 41 Rule 22 of Civil Procedure Code, to set aside the judgment and decree dated 27.04.2017 passed in O.S.No.5 of 2012 on the file of the 2nd Additional District Court, Tuticorin in so far as the disallowed portion concern.

Prayer in AS(MD)No.15 of 2018:- Appeal Suit filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree dated 27.04.2017 passed in O.S.No.5 of 2012 on the file of the 2nd Additional District Court, Tuticorin in so far as the disallowed portion concern.

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.G.Prabhu Rajadurai, Advocate for the Petitioner and of Mr.M.P.Senthil, Advocate for the 1st to 3rd Respondents, this Court made the https://www.mhc.tn.gov.in/judis 1/2

CMP(MD)No.8313 of 2022 following order:- "This petition is filed to restore the cross objection, which was dismissed for non-payment of batta.

2.All the respondents in the petition are served. The respondents 1 to 3 are represented by the counsel Mr.M.P.Senthil and for the other respondents 4 to 6, proof of service of private notice is filed and their names are printed in the cause list. 3.Since steps have already been taken, this petition is allowed and the cross objection is restored on file." Sd/- Assistant Registrar (CS-III) // True Copy // /12/2022 Sub Assistant Registrar(CS) TO The II Additional District Judge, Tuticorin.

Copy to:

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

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) ORDER DATED : 08/12/2022 ==========================

ORDER

========================== CMP(MD)No.8313 of 2022 in Cross.Obj(MD)No.7 of 2022 Giving direction and etc.

as stated within.

RD/VRS(20/12/2022) 2P 5C https://www.mhc.tn.gov.in/judis 2/2