Madras High CourtCMP(MD)/7209/2023ordered

Mrs.Premila v. G.Justus Selvakumar

2023-06-23Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty Third day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR CMP(MD). No.7209 of 2023 in AS(MD) No.79 of 2012 Mrs.Premila ... Petitioner/Appellant Vs G.Justus Selvakumar ... Respondent/Respondent Prayer in CMP(MD)No.7209 of 2023:- This Civil Miscellaneous Petition is filed under order 41 Rule 19 c.p.c.,to pass an order for restoration of the appeal on file by setting aside the order of dismissal of the Appeal dated 03.11.2016 in A.S.(MD) No.79 of 2012 on the file of the Honourable Madurai Bench of Madras High Court.

Prayer in AS(MD) No.79 of 2012:- This Appeal Suit is filed under order XLI Rule 1 and Sections 96 and 151 of C.P.C., against the judgment and decree in OS No.128 of 2010, on the file of the District Judge, Kanniyakumari @Nagercoil, dated 11.10.2011.

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.J.John Jeyakumar, Advocate for the Petitioner, this Court made the following order: This application has been filed to set aside the order of dismissal dated 03.11.2016 in A.S.(MD).No.79 of 2012 and to restore the appeal.

2. Heard the learned counsel for the petitioner. https://www.mhc.tn.gov.in/judis 1/2

3. Considering the reasons assigned in the affidavit filed in support of this petition and the learned counsel for the respondent just filing a memo stating that he has no instruction from the respondent, this petition is ordered and the appeal suit is restored to file.

Sd/- Assistant Registrar(CS II) // True Copy // /07/2023 Sub Assistant Registrar(CS) TO The District Judge, Kanniyakumari @ Nagercoil, Copy to:

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

2 THE SECTION OFFICER, VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (2 Copies) ORDER DATED : 23/06/2023 ==========================

ORDER

========================== CMP(MD). No.7209 of 2023 in AS(MD) No.79 of 2012 Allowing this petition by restoring the Appeal suit to file.

MK/13.07.2023 2P 5C https://www.mhc.tn.gov.in/judis 2/2