Allowed

Kasthuri v. K.Neelamegam

Madras HC9 Oct 2020CMP(MD)/4061/2020

Case brief

AI extract

What is this about?

The Madurai Bench allowed the civil miscellaneous petition filed to restore the second appeal S.A. No. 259 of 2003, dismissed for non-prosecution, in compliance with a conditional order and filing of a cost memo. The appeal was restored to file.

What did the court decide?

The civil miscellaneous petition CMP(MD). No.4061 of 2020 is allowed and the Second Appeal S.A.No.259 of 2003 is restored to file.

Kasthuri Vs K.Neelamegam — Civil Procedure and Limitation | Madras HC (2020)

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CMP(MD). No.4061 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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(Civil Appellate Jurisdiction)

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Friday, the Ninth day of October Two Thousand and Twenty

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PRESENT

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The Hon'ble Mr.Justice M.GOVINDARAJ

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CMP(MD). No.4061 of 2020 in S.A.No.259 of 2003

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Kasthuri

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...Petitioner/Appellant

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1 K.Neelamegam Rep. by Power Agent Kulandaisamy

2 K. Neelamegam

3 Krishnan

4 Chandran

5 Baskaran ...Respondents/Respondents

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Prayer in CMP(MD). No.4061 of 2020 :-

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Civil Miscellaneous Petition filed under Order XL3 Rule 19 of Civil Procedure Code, praying this Court to restore the second appeal in S.A No. 259 of 2003 which was dismissed for nonprosecution dated 26.09.2008.

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Prayer in S.A.No.259 of 2003 :

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Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 01.07.2002 made A.S.No.16 of 2001 on the file of the Additional District Judge – cum – Chief Judicial Magistrate, Sivagangai, confirming the judgment and decree dated 09.08.1999 made in O.S.No.104 of 1998 on the file of the Subordinate Judge, Devakottai.

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ORDER:- Civil Miscellaneous Petition coming upon for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.J.Anandakumar, Advocate for the Petitioner and of Mr.C.Jeyaprakash, Advocate for the 1^st Respondent, this Court made the following order:

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This petition has been filed to restore S.A.No.259 of 2003, which was dismissed for non prosecution on 26.09.2008.

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The learned counsel appearing for the petitioner submitted https://hcservices.ecourts.gov.in/hcservices/ that the petitioner has complied with the conditional order passed

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CMP(MD). No.4061 of 2020

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by this Court, dated 06.08.2020 in CMP(MD).No.4165 of 2017 in S.A.No.259 of 2003 and he has also filed a Cost Memo that effect.

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In view of the same, this petition is allowed and S.A.No.259 of 2003 is restored to file.

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Sd/-

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Assistant Registrar (CS-II)

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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1 The Additional District Judge – cum – Chief Judicial Magistrate, Sivagangai.

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2 The Subordinate Judge, Devakottai.

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Copy to:

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1 The Section Officer, Judicial Section,

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Madurai Bench of Madras High Court, Madurai

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(To Restore the Second Appeal)

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2 The Section Officer, VR Section,(2 copies)

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Madurai Bench of Madras High Court, Madurai

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ORDER DATED : 09/10/2020

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========================== RESTORATION ==========================

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CMP(MD). No.4061 of 2020

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IN S.A.No.259 of 2003

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Giving direction and etc. as stated within. VB (16.10.2020) 2P 6C

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https://hcservices.ecourts.gov.in/hcservices/

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Kasthuri v. K.Neelamegam

Case brief

What is this about?

What did the court decide?

Kasthuri v. K.Neelamegam

Case brief

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