Madras High CourtCMP(MD)/13299/2023ordered

M.Manickavasagam v. Ravikumar

2023-10-16Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Sixteenth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice L. VICTORIA GOWRI CMP(MD). No.13299 of 2023 in AS(MD) No.33 of 2013 M.Manickavasagam ... Petitioner/Appellant Vs 1 Ravikumar (1st Respondent is Declared as Majar and the guardianship of his mother Dhanalakshmi is discharged vide court order dated 31/08/2023 made in CMP(MD) No.10930/2023 in AS(MD) No.33/2013 ) 2 Minor Aishwarya ( Represented Through Her Mother and Next Friend Dhanalakshmi ) 3 Malarkann 4 Manimaran 5 M.Manimegalai 6 M.Malaiyarasa Pandi ... Respondents/Respondents

Prayer in CMP(MD). No.13299 of 2023 Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC To set aside the order dated 11.08.2022 passed by this Honourable court in AS(MD)No.33 of 2013 which was dismissed for non prosecution and restore the same and thus render justice.

Prayer in AS(MD) No.33 of 2013 Appeal Suit filed under section 96 r/w Order 41 Rule 1 & 2 of CPC against the judgment and decree dated 18.07.2012 passed in O.S. No.63 of 2010 on the file of the 6th Additional District Judge, Madurai and set aside the same. 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 Mr.G.Prabhu Rajadurai Advocate for the Petitioner and of Mr.R.Aravindan Advocate for the 1st and 2nd Respondents, this Court made the following order: This petition is filed to set aside the order dated 11.08.2022 passed by this Court in A.S.(MD)No.33 of 2013.

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 15.11.2023.

Sd/- Assistant Registrar(CS-I) // True Copy // /10/2023 Sub Assistant Registrar(CS) SRR TO The 6th Additional District Judge, Madurai .

Copy to:

1. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 Copies)

ORDER DATED : 16/10/2023 Hearing DATED : 15/11/2023 ========================== Restore ========================== CMP(MD). No.13299 of 2023 in AS(MD) No.33 of 2013 SI(30.10.2023) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.