S.Mariaraj v. The East India Corporation Ltd.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty Fourth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN AND The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CMP(MD). No.14957 of 2024 in A.S.(MD)No.165 of 2021

1. S.Mariaraj 2.A. Josephraj 3.A. Aloysius ... Petitioners/Appellants Vs 1 The East India Corporation Ltd., Through its Managing Director T. Meenakshi Having its Office at D.No.7B K.M.A.Complex, Ramnagar, Byepass Road, Madurai-10.

2 T.Meenatchi, 3 Karumuthu T.Sundaram ... Respondents/Respondents Prayer :- Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC To set aside the order dated 03.10.2024 passed by this Honourable Court in A.S.No.165 of 2021, which was dismissed for non prosecution and restore the same on file and thus render justice.

Prayer in A.S.(MD)No.165 of 2021:- Appeal Suit filed under Section 96 read with order XLI, Rule I of the

Civil Procedure Code praying to reverse and set aside the Judgment and decree dated 03.09.2020 in O.S.No.42 of 2014 on the file of the Principal District Judge, Dindigul and allow the first appeal.

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 M/s. J.R. Annie Abinaya, Advocate for the Petitioners and of Mr. A.S. Vaigunth, Advocate for the 1st respondent and Mr. P. Thiyagarajan, Advocate for the 2nd respondent,this Court made the following order: 'The above application has been filed to set aside the order dated 03.10.2024 passed in A.S.(MD)No.165 of 2021, which was ordered to be dismissed for non prosecution and restore the appeal on file.

2. Being satisfied with the reasons stated in the affidavit filed in support of the petition, this petition is ordered and the Registry is directed to restore the First Appeal on file.'

Sd/- Assistant Registrar ( CO ) // True Copy // /11/2024 Sub Assistant Registrar (CS-1/II/III/IV)

TO The Principal District Judge, Dindigul Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 24/10/2024 ==========================

ORDER

========================== CMP(MD). No.14957 of 2024 in A.S.(MD)No.165 of 2021 Giving direction and etc.

as stated within.

BV (08/11/2024) 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.