R.Janakiraman v. S.Umarani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice L. VICTORIA GOWRI IN AS(MD) No.37 of 2017 R.JANAKIRAMAN

... PETITIONER/APPELLANT Vs

1. S.UMARANI

2. V.DHANALAKSHMI

3. S.SURIYAKALA 4 .D.PUSHPAVALLI

5. D.SENTHILKUMAR

¶6D.SATHISH ... RESPONDENT/RESPONDENTS Prayer in CMP(MD). 4787/ 2023 : Civil Miscellaneous Petition is filed under order 41 Rule 19 of C.P.C., to set aside the order of dismissal for non prosecution dated 18-04-2022 in A.S.(MD).No.37 of 2017 and thus render justice. Prayer in AS(MD). 37/ 2017 : Appeal Suit filed under Section 96 r/w Order XLI Rule 1 of the Civil Procedure Code, against the judgment and decree passed in O.S.No.83 of 2011 dated 07.11.2016 on the file of the VI Additional District Court, Madurai. ORDER : This Civil Miscellaneous petition coming up for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V. VIJAYASETHUPATHY, Advocate for the respondents No.1 to 3 and A.N.Ramanathan, Advocate for Respondents Nos. 4 to 6, this court made the following order:- Being satisfied with the reasons stated in the affidavit, the petition seeking to restore the AS No.37 of 2017, which was dismissed on 18.04.2022 is allowed.

2.Registry is directed to restore the main appeal back to file and post the appeal on 06.11.2023 for argument. Sd/- Assistant Registrar (CS-II) // True Copy // /10/2023 Sub Assistant Registrar(CS) To The VI Additional District Judge, Madurai. Copy to: The Section Officer(Judicial Posting), Madurai Bench of Madras High Court, Madurai. ORDER DATED: 05/10/2023 ====================== ORDER ====================== CMP(MD)No.4787 OF 2023 in AS(MD) No.37/ of 2017 Giving direction and etc.as stated within

DL/(16.10.2023)/ 3P/ 3C

Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.