Madras High CourtCMP(MD)/18408/2024allowed

The District Collector v. S.Ramakrishnan

2025-01-07Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Seventh day of January Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G.ILANGOVAN CMP(MD). No.18408 of 2024 in CRP(MD).No.3125 of 2023

1. The District Collector Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai Sivagangai District ... Petitioners/Petitioners Vs 1 S.Ramakrishnan 2 Rajakumari, ... Respondents/Respondents Prayer :- This Petition is filed under Order 9 Rule 9 and section 151 of C.P.C to set aside the order passed by the Honourable Court in C.R.P.(Md) No.3125/2023 dated 06.12.2024 and restore the C.R.P.(MD) No.3125/2023 on file

Prayer in CRP(MD).No.3125/2023 Civil Revision Petition filed under Section 115 of C.P.C to set aside the order passed by the Learned Sub Judge of Manamadurai in I.A.No.1 of 2022 dated 01.11.2023 in unnumbered A.S.No....of 2022.

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 Thiru.Veera Kathiravan, Additional Advocate General, Assisted by Mr.N.Ramesh, Govrenment Advocate for the Petitioners and of Thiru.Ajmal Khan, Senior Counsel for Mr.K.C.Ramalingam, Advocate for the respondents, this Court made the following order:

Heard both sides.

Originally, the main CRP was dismissed in the open court on 06/12/2024.After that the learned Additional Advocate General appeared and sought Permission of this court to argue the matter. On that account,proper application was filed for restoration.

Accordingly,this civil Miscellaneous Petition is allowed and the order passed in the main CRP, dated 06/12/2024 is set aside and the main CRP is restored on file.

Since records are not available,the Registry is directed to call for the entire records in respect of OS No.90/2008 from the District Munsif Court,Manamadurai Call on 27/01/2025 Sd/- Assistant Registrar(CS III) // True Copy // /01/2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO

1. The Sub Judge, Manamadurai

2. The District Collector Sivagangai District, Sivagangai.

3. The Tahsildar, Manamadurai Sivagangai District

4. The Govt. Pleader, Madurai Bench of Madras High Court, Madurai Copy to:

1.District Munsif,Manamadurai 2.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai

ORDER DATED:07/01/2025 HEARING DATE:27/01/2025 ======================

ORDER

====================== CMP(MD). No.18408 of 2024 in CRP(MD).No.3125 of 2023 Giving direction and etc.

as stated within.

MGJ(23.01.2025) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023