Madras High CourtCMP(MD)/11607/2018ordered

Selvamani, v. Packiam, W/O. Late Chidambaram

2022-09-01Honourable Mr Justice B.Pugalendhi2 pages

CMP(MD). No.11607 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the First day of September Two Thousand and Twenty Two PRESENT:

The Hon`ble Mr.Justice B.PUGALENDHI CMP(MD). No.11607 of 2018 in SA(MD)39232 of 2017 1.Selvamani 2.Minor Nadiyammal @ Deepika ( Minor 2nd appellant represented by her next friend, natural guardian, 1st appellant herein) ... Petitioner/Appellants Vs Packiam ( Represented by her Power Agent Selvaraj ) ... Respondent/Respondent/Complainant Prayer :- CMP(MD). No.11607 of 2018 Civil Miscellaneous Petition filed under order 41 Rule 19 R/W Section 151 of CPC to restore the C.M.P.(MD) No. 9540 of 2018 in S.A.(MD)SR.No.39232 of 2017 dismissed on 13.11.2018 for non-prosecution and thus render justice. Prayer : SA(MD)Sr.No.39232 of 2017 Second Appeal is filed under section 100 of Code of Civil Procedure, against the judgment and decree 25/04/2016 in A.S.NO.

1 of 2013 on the file of the Additional District Judge, Pudukottai Partly disallowing the judgment and decree dated 12/10/2007 in O.S.NO.4of 2005 on the file of the Subordinate Judge, Pudukottai. ORDER:- This Civil Miscellaneous 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.N.Balakrishnan Advocate for the Petitioner this Court made the following order: This Civil Miscellaneous Petition is filed to restore CMP(MD) No.9540 of 2018 in SA(MD)SR No.39232 of 2017, which was dismissed on 13.11.2018.

2.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed. Sd/- Assistant Registrar(CS-I) // True Copy // /09/2022 Sub Assistant Registrar(CS) https://www.mhc.tn.gov.in/judis 1/2

CMP(MD). No.11607 of 2018 To 1.The Additional District Judge, Pudukottai.

2.The Subordinate Judge, Pudukottai.

Copy to:

1. The Sub Assistant Registrar, A.E. Section Madurai Bench of Madras High Court, Madurai

2. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 01/09/2022 ========================== Restore ========================== CMP(MD). No.11607 of 2018 in SA(MD)Sr.No.39232 of 2017 Giving direction and etc.

as stated within.

KB(14.09.2022) 2P 5C https://www.mhc.tn.gov.in/judis 2/2