Petition to restore a second appeal dismissed for non-prosecution. The court allowed the restoration petition on payment of Rs.500/- to the respondent's counsel, enabling the appeal to be revived.
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CMP(MD) No.18586 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of December Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE S.SRIMATHY
CMP(MD) No.18586 of 2024 IN SA(MD) No.138 of 2012
1 KONDARANGI (DIED)
2 SELVI
3 SATHISH KUMAR,
4 VINOTH KUMAR
5 SASIKUMAR ... PETITIONERS/APPELLANTS
Vs SENTHIL KUMAR, ... RESPONDENT/RESPONDENT
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to restore the S.A.(MD) No.138/2012 which was dismissed for non prosecution on 06.12.2023 and thus render justice.
PRAYER IN SA(MD) No.138 of 2012:
To prefer the above Second Appeal against the Judgment and Decree dated 10.10.2011 passed in A.S.No.57/2008 on the file of the Sub Ordinate Court, Theni, set aside the decree and judgment passed in O.S.No.119/2004 dated 29.11.2004 on the file of the District Munsif cum Judicial Magistrate Court, Bodinayakkanur.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.PT.S.NARENDRAVASAN, Advocate for the petitioners and of MR.M.MOHAMED IBRAM SAIBU, Advocate for M/S.AJMAL ASSOCIATES, on behalf of the Respondent the court made the following order:-
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CMP(MD) No.18586 of 2024
This petition is allowed on payment of Rs.500/- to the respondent's counsel.
sd/-
20/12/2024
/ TRUE COPY /
/12/2024
Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court,
Madurai - 625 023.
ksa
TO
1.THE SUB ORDINATE JUDGE, THENI,
2.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, BODINAYAKKANUR.
ORDER
IN CMP(MD) No.18586 of 2024 IN SA(MD) No.138 of 2012 Date :20/12/2024
RK/VR (26/12/2024) 2P / 3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether the Second Appeal dismissed for non-prosecution on 06.12.2023 should be restored?
KONDARANGI (DIED)
SELVI
SATHISH KUMAR
VINOTH KUMAR
SASIKUMAR
SENTHIL KUMAR
S.SRIMATHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
