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Madras High CourtCMP(MD)/11622/2022allowed

T. Rajmohan, v. T. Jayaraman,

2024-01-04Honourable Dr Justice G. Jayachandran,Honourable Mr. Justice C.Kumarappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Fourth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN AND The Hon`ble Mr.Justice C. KUMARAPPAN CMP(MD). No.11622 of 2022 in AS(MD).No.38 of 2014 T. Rajmohan, S/o.K.Thangaraju, ... Petitioner/Appellant Vs T. Jayaraman, S/o.Thangaraju, ... Respondent/Respondent Prayer :- Civil Miscellaneous Petition filed Under Order 41,Rule 19 of civil Procedure Code to pass an order set aside the order dated 10.11.2022 passed in A.S.(MD).No.38 of 2014 which was dismissed for non-prosecution and to restore the same on file. Prayer in AS(MD)No.38/2014 :

Appeal filed under Section 96 of the Code of Civil Procedure,to set aside the judgment and decree dated 15.03.2013 passed in O.S.No.21 of 2007 on the file of the Second Additional District Court,Tiruchirappalli.

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.Shangar Murali , Advocate for the Petitioner and of M/s.J.Maria Roseline , Advocate for the respondent, this Court made the following order:The reasons for the absence when the matter was taken up for final hearing, is satisfactory. Hence the Petition to set aside the order of dismissal for non-prosecution is allowed and the appeal suit is restored to file.

Sd/- Assistant Registrar(C.O) // True Copy // /01/2024 Sub Assistant Registrar (CS - I/ II / III / IV) TO

1. The Second Additional District Judge, Tiruchirappalli.

2.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. (to list the matter on 24/01/24)

ORDER DATED : 04/01/2024 ==========================

ORDER

========================== CMP(MD). No.11622 of 2022 Giving direction and etc.

as stated within.

SK (11.01.2023) 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.