Madras High CourtCMP(MD)/6530/2025allowed

N.N.Mohamed Mydeen v. Syed Ali Fathima(Died), 1) Ahamad Nukkuman

2025-04-22Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty Second day of April Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI in AS(MD)SR.No.15191 of 2020 N.N.Mohamed Mydeen ... Petitioner Vs Syed Ali Fathima(Died),

1) Ahamad Nukkuman 2 Nabesha 3 Mahamudha ... Respondents Prayer :- Civil Miscellaneous Petition filed under order 41 rule 19 of CPC to set aside the order of dismissal dated 18-08-2022 made in C.M.P.(MD).No.3667 of 2021 in A.S. (MD).No.SR.15191 of 2020.

Prayer in AS(MD)SR.No.15191 of 2020:- The Appeal suit is filed under Section 96 of Civil Procedure Code, to set aside the judgment and decree dated20.08.2019 in O.S.No.46 of 2016 on the file of the Additional District Judge(FTC) Theni, with cost. 1/4

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. K.K. Senthil, Advocate for the Petitioner and of Mr. M. Mohamed Ibram Saibu, Advocate for M/s. Ajmal Associates for the respondents, this Court made the following order:

'This Civil Miscellaneous Petition has been filed to set aside the order of dismissal, dated 18.08.2022, made in C.M.P.(MD)No.3667 of 2021 in A.S.(MD) SR.No.15191 of 2020 and restore the same on file.

2. Heard the learned counsel appearing on either side, and I have perused the affidavit filed in support of this petition.

3. The learned counsel for the respondents has not raised any objection to allow this petition.

4. Being satisfied with the reasons stated in the affidavit, this Civil Miscellaneous Petition is allowed.

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5. Registry is directed to restore the Civil Miscellaneous Petition in C.M.P.(MD)No.3667 of 2021 and list the same in the 1st week of June, 2025.' Sd/- Assistant Registrar (CS.III) // True Copy // / /2025 Sub Assistant Registrar (CS-I/II/III/IV) mkn TO The Additional District Judge(FTC), Theni.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 3/4

ORDER DATED : 22/04/2025 ==========================

ORDER

========================== in AS(MD)SR.No.15191 of 2020 Giving direction and etc.

as stated within.

SL(28.04.2025)/ 4P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4