Madras High CourtCMP(MD)/12018/2018ordered

Padma, v. Pushpam,

2019-08-07Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventh day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12018 of 2018 IN CRP(MD) No.799 of 2015 1 PADMA 2 S.KANAGAVALLI 3 CHINAMMAL 4 SUGANDHI ... PETITIONERS/ PETITIONERS Vs 1 PUSHPAM 2 KAMARAJ ... RESPONDENTS/ RESPONDENTS Prayer:- Petition filed under Section 151 of C.P.C. seeking to restore the case in CRP.No.799 of 2015 on the file of this Honourable Court which was dismissed for non prosecution by order dated 22.10.2018 in CRP.No.799 of 2015.

Prayer in CRP(MD). 799/ 2015 :

Revision Petition filed under 115 of C.P.C. to call for the records pertaining to the fair and decreetal order dated 02.03.2015 made in EA. NO. 2 of 2015 in EP NO. 45 of 2003 in OS NO. 207 of 1997 on the file of the Principal District Munsif Court, Pudukkottai and set aside the same.

ORDER :

This Revision 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.R.VENKATESAN, Advocate for the petitioners and of MR.BALU RAJASEKARAN, Advocate for the second respondent, this Court made the following order: Heard.

2.This petition has been filed by the petitioners seeking to set aside the dismissal order dated 22.10.2018 and restore C.R.P(MD) No.799 of 2015 which was dismissed for non-prosecution. 3.Being satisfied with the reasons stated in the affidavit filed in support of the petition, the dismissal order dated 22.10.2018 passed in C.R.P(MD)No.799 of 2015 is set aside and C.R.P (MD)No.799 of 2015 is restored to file.

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4.This petition is ordered accordingly.

5.Registry is directed to post the C.R.P.(MD).No.799 of 2015 for hearing on 22.08.2019.

Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar TO THE PRINCIPAL DISTRICT MUNSIF, PUDUKKOTTAI.

COPY TO:

THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER DATED : 07.08.2019 HEARING DATE: 22.08.2019

ORDER

CMP(MD) No.12018 of 2018 IN CRP(MD) No.799 of 2015 Giving direction and etc., as stated within.

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