Madras High CourtCMP(MD)/10049/2023allowed

G. Rajendran, v. G.Kothandaraman

2023-12-12Honourable Mrs Justice R. Kalaimathi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twelfth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice R. KALAIMATHI in S.A.(MD)No.514 of 2007 G. Rajendran ... Appellant/Petitioner Vs G.Kothandaraman ... Respondent/Respondent Prayer :- Civil Miscellaneous Petition filed Under Order 41 Rule 19 of C.P.C. to set aside the order passed in S.A. (MD). No. 514 of 2007 dated 01.08.2023 by this Honourable Court which was dismissed for non-prosecution and restore the above second appeal and reheard on merits and thus render justice. Prayer in S.A.(MD)No.514 of 2007:- Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 27.04.2006 in A.S.No.

79 of 2005 on the file of the Subordinate Court, Pattukottai reversing the Judgment and Decree dated 30.09.2004 in O.S.No.256 of 2000 on the file of the District Munsif Court, Pattukottai. ORDER:- This 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 M/S. V. Muthukamatchi, Advocate for the Petitioner and of Mr. S.K.

"Heard both sides.

2. The learned counsel for the respondent has no serious objection.

3. Accepting the averments made in the affidavit, this petition stands allowed."

Sd/- Assistant Registrar(CS II) // True Copy // /12/2023 Sub Assistant Registrar(CS) mbi TO

1. THE SUBORDINATE JUDGE, PATTUKOTTAI.

2. THE DISTRICT MUNSIF COURT, PATTUKOTTAI.

Copy to:

1. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (For posting the Second Appeal) 2/3

2. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. (2 copies) ORDER DATED : 12/12/2023 ==========================

ORDER

========================== in S.A.(MD)No.514 of 2007 Giving direction and etc.

as stated within.

SSA/22.12.2023 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3