Sarasu v. Muthusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Third day of June Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G.ILANGOVAN in SA(MD)No.63 of 2021

1. Sarasu 2.Chinnammal 3.Adanchi ... Petitioners/Appellants Vs Muthusamy ... Respondent/Respondent Prayer in CMP(MD). No.17555 of 2023:

Civil Miscellaneous Petition filed under order 41 Rule 19 r/w section 151 CPC to set aside the order passed on 23.11.2023 the above Second Appeal in S.A. (MD) No.63 of 2021 and to restore same by this Honourable Court and pass such further or other orders in the interest of justice and thus render justice. Prayer in SA (MD) 63 of 2021:

Second Appeal filed under Section 100 CPC against the judgment and decree dated 29.11.2019 in A.S No.149 of 2019 on the file of the Subordinate Court, Manamadurai reversing the judgment and decree dated 05.01.2019 made in O.S No.8 of 2016 on the file of the District Munsif cum Judicial Magistrate Court, 1/3

Ilaiyankudi.

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.V.Selvakumaran, Advocate for the Petitioner and of Mr.G.Prabhu Rajadurai, Advocate for the Respondent, this Court made the following order: Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition. Accordingly, this petition is allowed. Second appeal is restored to the file. List the matter in the usual course. Sd/- Assistant Registrar (CS - II) // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.

TO 1.The Subordinate Judge, Manamadurai.

2.The District Munsif cum Judicial Magistrate , Ilaiyankudi.

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Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 03/06/2025 ==========================

ORDER

========================== in SA(MD) No.63 of 2021 Giving direction and etc.

as stated within.

AVK/12.06.2025 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3