Madras High CourtCMP(MD)/12507/2025allowed

1. Leelavathy (Died) 2. Saraswathy v. Rajammal

2025-07-30Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Thirtieth day of July Two Thousand and Twenty Five PRESENT THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN IN AS NO.637 OF 1995

1. Leelavathy (Died)

2. Saraswathy (Died) 3.Dhanalakshmi ... Petitioner/Appellant Vs

1. Rajammal

2. Thulasibai

3. Govindaraj

4. Venkatesan

5. Shanmuga Boobathy

6. Rajalakshmi

7. Padmavathy

8. Nallasamy 1/4

9. Subramani

10. R.Subbaraya Gounder ... Respondents Prayer in CMP(MD)No.12507 of 2025 :- This Civil Miscellaneous Petition filed under order 41 Rule 19 of C.P.C.,to Set aside the order dated 27.11.2008 and restore the AS No.637 of 1995 dismissed for non prosecution on 27.11.2008.

Prayer in Appeal Suit.No.637 of 1995 :- This Appeal Suit filed Under Section 96 of C.P.C., against the judgment and decree dated 02.03.1994 made in O.S.No.13 of 1986 on the file of Subordinate Judge, Karur.

ORDER:- This Civil Miscellaneous 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.K.R.Laxman, Advocate for the Petitioner and none appeared for the respondents, this Court made the following order: The above application has been filed to set aside the order dated 27.11.2008 passed in A.S.No.637 of 1995, which was ordered to be dismissed for non prosecution and restore the appeal on file.

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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 and list the same today itself for hearing. Sd/- Assistant Registrar ( C.O ) // True Copy // / /2025 Sub Assistant Registrar ( CS - I / II / III / IV ) TO The Subordinate Judge, Karur.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 3/4

ORDER DATED : 30/07/2025 ========================== RESTORATION ========================== IN AS NO.637 OF 1995 Giving direction and etc.

as stated within.

SB/08.08.2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4