Madras High CourtCMP(MD)/1481/2025allowed

Sivaraj, v. Santhi,

2025-04-08Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighth day of April Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN CMP(MD) No.1481 of 2025 IN SA(MD) No.502 of 2022 1 SIVARAJ, 2 KANAGARAJ, ... PETITIONERS Vs 1 SANTHI, 2 CHITRA, 3 KAMALA, 4 MOHAMED ASSARUDIN, ... RESPONDENTS Prayer in SA(MD). 502/ 2022 :

Second Appeal filed under Section 100 of Civil Procedure Code, to allow the second appeal setting aside the judgment and decree dated 28.03.2022 in A.S. No. 71 of 2018 on the file of Principal Subordinate Court, Kumbakonam confirming the judgment and decree dated 09.07.2018 in O.S. No. 3 of 2014 on the file of Principal District Munsif Court, Kumbakonam

Prayer in CMP(MD). 1481/ 2025 :

Civil Miscellaneous Petition is filed under order 41 Rule 19 of CPC, to set aside the order of dismissal of Civil Miscellaneous Petition in CMP(MD). No.14736 of 2024 in CMP(MD).No.14726 of 2023 in SA(MD). No.502 of 2022 for non appearance dated 12.12.2024 on the file of this Honourable Court. 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.Sasi Kumar,Advocate for the Petitioners and of M/s.C.Geetha, Governement Advocate for the respondents, this court made the following order: This Civil Miscellaneous Petition has been filed to set aside the order of dismissal of Civil Miscellaneous Petition in CMP(MD).No.14736 of 2024 in CMP (MD)No.14726 of 2023 in SA(MD).No.502 of 2022 for non appearance dated 12.12.2024.

2. Heard the learned counsel on either side and perused the affidavit filed in support of this application.

3. Being satisfied with the reasons stated in the affidavit, this petition is allowed as prayed for.

Sd/- Assistant Registrar(AD I) // True Copy // / /2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO 1.The Principal Subordinate Judge, Kumbakonam.

2.The Principal District Munsif, Kumbakonam.

Copy to:

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

ORDER DATED:08/04/2025 =====================

ORDER

===================== CMP(MD) No.1481 of 2025 IN SA(MD) No.502 of 2022 Giving direction and etc.

as stated within MGJ(16.04.2025) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023