Madras High CourtCMP(MD)/6615/2025allowed

K.Karunanithi v. K.Shoba

2025-04-25Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty Fifth day of April Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI in AS(MD)SR No.24202 of 2022 K.Karunanithi ... Petitioner/Petitioner Vs K.Shoba ... Respondent/Respondent Prayer in CMP(MD) No.6615 of 2025:- This Civil Miscellaneous Petition is filed under order 9 Rule 9 of C.P.C.,to pass an order to restore the C.M.P.(MD) No.10987/2024 in A.S.(MD) SR.No.24202/2022 dated 23.08.2024 for enquiry.

Prayer in AS(MD)SR No.24202/2022:

This Appeal suit is filed under section 96 of C.P.C.,to set aside the judgment and decree 23.12.2021 made in OS No.30/2018 on the file of Principal District Judge, Thanjavur.

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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.Selvam Soundar, Advocate for the Petitioner and of Mr. Mr.R.Sakthi Vel, Advocate for the respondent, this Court made the following order: "The Civil Miscellaneous Petition has been filed seeking order to restore the Civil Miscellaneous petition in CMP(MD) No.10987 of 2024 in AS (MD)SR No.24202 of 2022, which was dismissed by this Court on 09.09.2024. 2.Heard the learned Counsel on either side appeared through Video Conference and I have perused the affidavit filed in support of this petition. 3.The Learned Counsel for the respondent has not raised any Objection to allow this petition.

4.Being satisfied with the reasons stated in the affidavit , this Civil Miscellaneous petition is allowed.

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5.Registry is directed to restore the Civil Miscellaneous Petition in CMP (MD) No.10987 of 2024 and the list the same on 29.04.2025. Sd/- ASSISTANT REGISTRAR (CS-II) // True Copy // 25/04/2025 Sub Assistant Registrar (CS- I, II, III, IV) TO The Principal District Judge, Thanjavur.

Copy to:

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

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ORDER DATED : 25/04/2025 ======================

ORDER

====================== in AS(MD)SR No.24202 of 2022 SK (25/04/2025) 4 P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4