Madras High CourtCMP(MD)/7979/2018withdrawn dismissed

P.Jeganathan v. S.S.Govindan

2020-10-14Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Fourteenth day of October Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice R.MAHADEVAN CMP(MD). No.7979 of 2018 in S.A.(MD) No.97 of 2018 P.Jeganathan ... Petitioner/Appellant Vs 1 S.S.Govindan 2 P.Mariyappan (Died) 3 Yasothai 4 Dhanasekara Pandian 5 Rajasekara Pandian 6 Gunasekara Pandian 7 Rajalakshmi (R2 died and R 5 set exparte befor the first Appellate court hence notice to R5 may be dispensed with) ... Respondents/Respondents Prayer :-This Petition filed under order 41 Rule 19 and Sec 15 of C.P.C to set aside the order dated 12.04.2018 dismissing the Second Appeal in SA(MD)No.97 of 2018 for default and restore it to file and dispose of it according to law.

Prayer in SA(MD). 97 of 2018 :

Second Appeal filed under section 100 of C.P.C. against the decree and judgment passed by the Sub Court, Virudhunagar in A.S.No.11/2013 dated 22.4.2016 confirming the decree and judgment passed by the District Munsif Court, Virudhunagar in O.S.No.263 of 2006 dated 09.10.2009 ORDER:- This Petition coming up for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.R.Gowrisankar, Advocate for the Petitioner and of Thiru.George Raja For M/s.Ajmal Associates, Advocate for the 1st respondent, this Court made the following order:

This Civil Miscellaneous Petition has been filed to set aside the order dated 12.04.2018 dismissing the Second Appeal for default.

https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel appearing for the petitioner seeks permission of this Court to withdraw the C.M.P(MD)No.7979 of 2018

and undertakes to send an e-mail in this regard to the Registry of this Court.

3. In view of the above facts, this Miscellaneous Petition is dismissed as withdrawn liberty to the petitioner to proceed afresh in the manner known to law.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) TO

1. The Sub Judge, Virudhunagar.

2. The District Munsif, Virudhunagar.

+1cc to M/s.Ajmal Associates, Sr.No.20008 ORDER DATED : 14/10/2020 ==========================

ORDER

========================== CMP(MD). No.7979 of 2018 in S.A.(MD)No.97 of 2018 Giving direction and etc.

as stated within.

VB (22.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/