Allowed

Rm. Arunachalam v. Pl. Arunachalam Chettiar

Madras HC6 Nov 2020CMP(MD)/5147/2020

Case brief

AI extract

What is this about?

Civil Miscellaneous Petition filed under CPC Order XLI Rule 19/Section 151 to set aside an order dismissing a second appeal. The petition was allowed and the second appeal was restored on file with no objection from the learned counsel for the respondent.

What did the court decide?

The Civil Miscellaneous Petition was allowed and the Second Appeal No.172 of 2004 was restored to the file.

Rm. Arunachalam Vs Pl. Arunachalam Chettiar — Civil Procedure and Limitation | Madras HC (2020)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Friday, the Sixth day of November 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.5147 of 2020 in SA(MD)No.172 of 2004

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RM.ARUNACHALAM : PETITIONER/APPELLANT

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PL.RM.ARUNACHALAM CHETTIAR(DIED)

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PL.ARUNACHALAM : RESPONDENTS/RESPONDENTS

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Prayer in CMP(MD)No.5147 of 2020 : This Civil Miscellaneous Petition filed under Order XLI Rule 19 of Civil Procedure Code, r/w Section 151 Civil Procedure Code, praying to set aside the order dated 04.09.2018 dismissing the Second Appeal in SA(MD)No.172 of 2004 on the file of this Court.

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Prayer in SA(MD)No.172 of 2004 : Second Appeal filed under Section 100 of the Civil Procedure Code, praying against the Judgment and decree in A.S.No.43 of 2003 on the file of the District Judge, Sivagangai, dated 22.06.2004 in confirming the judgment and decree in O.S.No.55 of 1994 on the file of the Sub Court, Devakottai, dated 27.12.2002.

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ORDER : This 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.S.SRINIVASA RAGHAVAN, Advocate for the petitioner and of Mr.R.Sundar Srinivasan, Advocate for the respondent Nos.2 and 3, this Court made the following order:

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This petition has been filed to set aside the order, dated 04.09.2018 dismissing the Second Appeal in S.A(MD).No.172 of 2004.

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The learned counsel appearing for the respondents has no serious objection to allow this petition. https://hcservices.ecourts.gov.in/hcservices/

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In view of the same, this petition is allowed and the S.A (MD).No.172 of 2004 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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The District Judge, Sivagangai.

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The Subordinate Judge, Devakottai.

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

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Order Dated :06/11/2020

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ORDER

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CMP(MD) No.5147 of 2020 IN

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SA(MD) No.172 of 2004

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Giving direction and etc., as stated within.

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PM(CO)

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CS(18.11.2020) 2P 4C

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

Rm. Arunachalam v. Pl. Arunachalam Chettiar

Case brief

What is this about?

What did the court decide?

Rm. Arunachalam v. Pl. Arunachalam Chettiar

Case brief

What is this about?

What did the court decide?

What the court decided

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