Chinnathambi (Deceased) 2.Pattu v. P.Suresh Babu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty First day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. DHANABAL in AS(MD).No.128 of 2014 Chinnathambi (Deceased) 2.Pattu 3.C.Aruna Giri 4.Bhuvaneshwari 5.Nandhini ... Petitioner/Proposed Petitioners/legal heirs of the Deceased Appellant Vs 1 P.Suresh Babu, ... 1stRespondent/Respondent 2 Sasikala ... 2nd Respondent/Proposed 2nd Respondent/Legal heir of the deceased appellant Prayer :- Civil Miscellaneous Petition filed under 41 Rule 19 of CPC to Restore the appeal which was dismissed for default on 18.10.2022. Prayer in AS(MD). 128/ 2014 :

Appeal filed under section 96 of CPC,against the judgement and decree,dated 25.04.2014 made in O.S.No.121 of 2012 on the file of the I Additional District Court (PCR),Tiruchirappalli.

ORDER:- This Petition coming on for orders on this day and upon perusing the 1/3

petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. Gowtham Arun, Advocate for the Petitioner and of M/s. P Thiagarajan For R1, N.Mohamed Asif For R2, this Court made the following order: This petition has been filed to restore the appeal which was dismissed for default on 18.10.2022.

2. Mr.N.Mohammed Asif, learned counsel appearing for the second respondent.

3. The learned counsel appearing for the respondents had no objection for allowing this petition.

3. Considering the reasons stated in the affidavit and considering the facts and circumstances of the case, this petition stands allowed.

4. Registry is directed to list the appeal on 12.04.2024. Sd/- Assistant Registrar (CO) // True Copy // /04/2024 Sub Assistant Registrar (CS-I / II / III / IV) ebsi To:

The I Additional District Judge (PCR), Tiruchirappalli.

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Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 21/03/2024 ==========================

ORDER

========================== in AS(MD).No.128 of 2014 Giving direction and etc.

as stated within.

RD(02/04/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3