The Madurai Bench of Madras High Court allowed Civil Miscellaneous Petitions and Second Appeals filed by the Appellant. The petitions sought to set aside an order and restore the earlier second appeals to their regular cause list for hearing.
The orders dated 08.10.2018 in Second Appeals Nos.222 and 223 were set aside, and the appeals were restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
(Civil Appellate Jurisdiction) Wednesday, the Twenty Fourth day of April Two Thousand and Nineteen CORAM:
The Hon'ble Mr Justice K.KALYANASUNDARAM
CMP(MD). Nos.11887 and 11888 of 2018 in SA(MD).Nos.222 AND 223 of 2014
N.S.HAMEED NOOHU ... Petitioner/Appellant in both cases
Vs
A.ABDUL RAHUMAN ... Respondent/Respondent in both cases
Prayer in CMP(MD). Nos.11887 and 11888 of 2018:-
Civil Miscellaneous Petitions are filed under Order 41 Rule 17 and Section 151 of Civil Procedure Code praying this Hon'ble Court to set aside the order dated 08.10.2018 made in S.A(MD) Nos.222 and 223 of 2014 respectively and to restore the same.
Prayer in SA(MD).Nos.222 AND 223 of 2014 :-
Second Appeals are filed under Section 100 of Civil Procedure Code, praying this Hon'ble Court to reverse and set aside the judgment and decree in A.S.Nos.19 and 20 of 2008 on the file of the Principal District and Sessions Judge, Ramanathapuram dated 04.02.2009 in confirming the judgment and decree of the learned Subordinate Judge, Ramanathapuram in O.S.No.52 of 2005 and O.S.No.68 of 2004 29.01.2008 respectively. ORDER:-
Civil Miscellaneous Petitions are coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. A.ARUMUGAM, Advocate for the Appellant, this Court made the following order:
Heard both sides.
The applications are allowed.
Assistant Registrar (cs-II)
// True Copy //
Sub Assistant Registrar(CS- )
TO
Copy to:
1 The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 2 The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai(2 copies)
ORDER DATED : 24/04/2019 ========================== RESTORED ==========================
CMP(MD). Nos.11887 and 11888 of 2018 in SA(MD).Nos.222 AND 223 of 2014 Giving direction and etc. as stated within. SP/30.04.2019/ 2P/6C
1 issue framed by the court
Whether the earlier second appeals and connected miscellaneous petitions should be restored to the regular roll.
3 provisions across 1 enactments
N.S.HAMEED NOOHU
A.ABDUL RAHUMAN
K.KALYANASUNDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
