Madras High CourtCRL MP(MD)/9659/2021ordered

Murugan v. The Inspector Of Police

2021-11-18Honourable Mr Justice K.Murali Shankar2 pages

CMP(MD)SR.No.9569 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Eighth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CMP(MD)SR.No.9659 of 2020 in SA.No.1623 of 1999 Pandi Thevar (Died) 1.Meenakshi Sundram 2.Neelamegam 3.Kannusamy 4.Sri Krishnan 5.Kaliyammal 6.Mariyammal 7.Ariyanachi 8.Ramalakshmi 9.Soorammal ... Petitioners/Appellants Vs 1.Arulmigu Chokanathan Temple Chockalingapuram, Rep by its Administrative Officer, Aruppukkottai, Viurdhunagar District.

2.Ganambal 3.Rajamannar 4.Chinnasamy 5.Kamala ... Respondents/Respondents Prayer in CMP(MD)SR.NO.9659 of 2020 :- Civil Miscellaneous Petition filed under Order 41 rule 19 of Code of Civil Procedure, to set a side the dismissal order and restore the above Second Appeal No.1623 of 1999 which was dismissed for non prosecution on 18.11.2019. Prayer in SA.No.1623 of 1999:- Second Appeal filed under Section 100 of C.P.C., against the Judgment and Decree dated 26.06.1998, made in A.S.No.127 of 1996 on the file of the Subordinate Court, Virudhunagar, reversing the Judgment and Decree, dated 12.09.1995, made in O.S.No.33 of 1989 on the file of the District Munsif Court, Aruppukottai.

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CMP(MD)SR.No.9569 of 2020 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.A.V.Arun, Advocate for the Petitioner and of Mr.S.Parathasarathy, Advocate for the 1st Respondent, this Court made the following order:- This Petition is filed to condone the delay of 58 days in filing the petition to restore S.A.No.1623 of 1999.

2. Heard the learned counsel for the Petitioners and Mr.S.Parthasarathy, learned counsel who appears for R1.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, delay is condoned and this petition is ordered accordingly. The restoration Petition which is in SR stage is also ordered. The Second appeal restored to file. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.The Subordinate Judge, Virudhunagar.

2.The District Munsif, Aruppukottai.

Copy to:- 1.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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

ORDER DATED : 08/02/2022 ==========================

ORDER

========================== CMP(MD)SR.No.9659 of 2020 in SA.No.1623 of 1999 Giving direction and etc.

as stated within.

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