Madras High CourtCMP(MD)/12765/2024allowed

Krishnamoorthy v. Narayanasamy

2024-09-18Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Eighteenth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN C.M.P.(MD). No.12765 of 2024 in S.A. (MD) No.707 of 2014 Krishnamoorthy ... Petitioner/ 1st Respondent Vs 1 Narayanasamy ... 1st Respondent/ Appellant 2 Seethalakshmi ... 2nd respondent/ 2nd respondent Prayer in CMP(MD). No.12765 of 2024 :- This Petition filed under Order XIII Rule 9 of C.P.C., to pass an order to send the records kept before this Court to the Trial Court namely District Munsif Cum Judicial Magistrate, Vedasanthur and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. Prayer in S.A. (MD) No.707 of 2014:

This Second Appeal filed under Section 100 of C.P.C., against the judgment and decree dated 10.07.2014 made in A.S. No.1 of 2013 on the file of the Subordinate Court, Vedasandhur confirming the judgment and decree dated 19.08.2009 passed in O.S. No.203 of 2002 on the file of the District Munsif-cum- Judicial Magistrate, Vedasandhur.

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 1/3

Mr. S. Alagarsamy, Advocate for the Petitioner and of Mr. H. Lakshmi Shankar, Advocate for the 1st respondent, this Court made the following order: Heard the learned counsel appearing for the petitioner herein.

2. S.A.(MD)No.707 of 2014 was dismissed as abated. This civil miscellaneous appeal has been filed for sending the second appeal records kept before this Court to the trial court. No exception can be taken to the said request. Registry is directed to send the records forthwith and without any delay.

3. This Civil Miscellaneous Petition is allowed. Sd/- Assistant Registrar(AD II) // True Copy // /09/2024 Sub Assistant Registrar (CS - I/ II / III /IV) rmi TO

1. The Subordinate Judge, Vedasandhur

2. The District Munsif-cum- Judicial Magistrate, Vedasandhur.

Copy to:

The Section Officer, V.R Section, Madurai Bench of Madras High Court, Madurai 2/3

2 The Section Officer, E.R Section, Madurai Bench of Madras High Court, Madurai +1 CC to Mr. S. Alagarsamy, Advocate in Sr. No.52227. ORDER DATED : 18/09/2024 ==========================

ORDER

========================== C.M.P.(MD). No.12765 of 2024 in S.A. (MD) No.707 of 2014 Giving direction and etc.

as stated within.

MK/19.09.2024 3P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3