Madras High CourtCMP(MD)/14854/2023allowed

A. Rajammal v. C. Kamaraj

2023-11-10Honourable Mrs Justice L.Victoria Gowri3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Tenth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice L. VICTORIA GOWRI CMP(MD). No.14854 of 2023 in AS(MD).No.85 of 2012 1.Rajammal 2.Porpanaiyan 3.Muthulakshmi 4.Ponnazhagu 5.Anjali Devi 6.Soaiyan ... Petitioners/Appellants ..Vs..

C. Kamaraj ... Respondent/Respondent Prayer :- Civil Miscellaneous petition filed U/s. 41 Rule 19 of Civil Procedure Code to set aside the Order dated 08.08.2022 made in AS(MD). No.85 of 2012 on the file of this Court and restore the same.

Prayer in AS(MD).85 of 2012 :

Appeal Suit filed under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 21.12.2011 passed in O.S.No.18 of 2007, by the learned Principal District Judge, Pudukkottai.

ORDER:- This Civil Miscellaneous petition is 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. R.Maheswaran, Advocate for the Petitioner and of M/s.C.Bharathi, Advocate for the respondent, this Court made the following order: "This petition is filed to set aside the order dated 08.08.2022 made in A.S (MD) No.85 of 2012 on the file of this Court and restore the same.

2. Heard both sides.

3.Being satisfied with the reasons stated in the accompanying affidavit, this petition is allowed. Registry is directed to restore the First Appeal.

4. Post the main case on 06.12.2023."

Sd/- Assistant Registrar(CS-I ) // True Copy // /11/2023 Sub Assistant Registrar(CS) TO 1.The Principal District Judge, Pudukkottai.

2.The Section Officer,(2C) Vernacular Section, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 10/11/2023 MAIN CASE NEXT HEARING : 06/12/2023 ========================== RESTORE ORDER ========================== CMP(MD). No.14854 of 2023 in AS(MD).No.85 of 2012 SI (23.11.2023) 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.