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Madras High CourtCMP(MD)/8684/2022ordered

Sakunthala, v. T.G.Ramamurthy,

2024-02-12Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twelfth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. DHANABAL in AS(MD).No.157 of 2013 1.Sakunthala, 2.Radika 3.Mani 4.Nandagopal 5.Renuka ... Petitioners/Appellants Vs 1 T.G.Ramamurthy, 2 Navaneethan, 3 Komala, 4 Jeyachandran, 5 Vijayanand, 6 Vimalanand, 7 G.Madhavan, 8 Kamala, 1/4

9 Manokaran, 10 Balaji, 11 Sumathi, 12 Jeyanthi, 13 Shantha, 14 S.Venkatesan, ... Respondents/Respondents Prayer :- This Petition is filed under Order 41 Rule 19 of C.P.C to restore the appeal in A.S.(MD).No.157 of 2013 which was dismissed for non-prosecution on 17.08.2022. Prayer in AS(MD).NBo.157 of 2013 First Appeal filed under section 96 of C.P.C. Against the judgment and decree passed in O.S.No.83 of 2009 on the file of the 1st Additional District Judge, (PCR) Tiruchirappalli dated 04.10.2013.

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 Mr.V.Kannan, Advocate for the petitioners, Mr.M.Saravanan, Advocate for the respondents one to Seven, Mr.K.S.Vamsidhar, Advocate for the respondents eight to twelve and of Mr.C.T.Udayappan, Advocate for the fourteen respondent and the thirteen respondent not appeared either in person or through his counsel, this Court made the following order:

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"This petition has been filed to restore the appeal which was dismissed for non-prosecution on 17.08.2022.

2. The learned counsel appearing for the respondents has no objection for allowing this petition.

3. Considering the reasons stated in the affidavit filed in support of this petition, and considering the fact that the petition was filed within time, this petition stands allowed.

4. Registry is directed to list the appeal on 22.02.2024." Sd/- Assistant Registrar(CS-III) // True Copy // /02/2024 Sub Assistant Registrar (CS-I/II/III/IV) TO The 1st Additional District Judge, (PCR) Tiruchirappalli Copy to:

1. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 2.The Section Officer,(2C) V.R.Section, Madurai Bench of Madras High Court,Madurai 3/4

ORDER DATED : 12/02/2024 ==========================

ORDER

========================== in AS(MD).No.157 of 2013 SI-(19.02.2024) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4