Allowed

L.Ramasubbu v. a.Muthuraj

Madras HC11 Feb 2021CMP(MD)/556/2021

Case brief

AI extract

What is this about?

In CMP(MD). No.556 of 2021, the Madurai Bench of Madras High Court allowed a petitioner's prayer under Order 41 Rule 19 CPC to set aside an order dated 24-09-2020 and restore the pending second appeal to the file based on affidavit reasons and hearing.

What did the court decide?

The order dated 24.09.2020 is set aside and the appeal is restored to file. Registry is directed to post the appeal for admission on 17.02.2021.

L.Ramasubbu Vs a.Muthuraj — Civil Procedure and Limitation | Madras HC (2021)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Eleventh day of February Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN CMP(MD). No.556 of 2021 in S.A.(MD).No.464 of 2015 L.Ramasubbu ... Petitioner/Appellant Vs 1 A.Muthuraj

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2 Rajathi, 3 Chinnathai,

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4 Saroja, 5 Dhanalakshmi, ... Respondents/Respondents

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Prayer :- This Petition filed under Order 41 Rule 19 of C.P.C to pass order to set aside the judgment and decree dated 24-09-2020 made in S.A(MD).No.464 of 2015 on the file of this Honble High Court and to Restore the above Second Appeal Prayer in S.A.(MD).No.464 of 2015 :-

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Second Appeal is filed under Section 100 of C.P.C against the Decree and Judgment dated 05.07.2013 rendered in A.S.No.15 of 2012 on the file of the Principal District Judge, Theni confirming the Judgment and decree dated 08.08.2011 passed in O.S.No.24 of 2009 on the file of the Subordinate judge, Theni.

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ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.G.Prabhu Rajadurai, Advocate for the Petitioner, this Court made the following order:

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Heard the learned counsel for the petitioner.

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2.Accepting the reasons assigned in the affidavit filed in support of this application, this petition is allowed and the order dated 24.09.2020 is set aside. The appeal is restored to file.

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3.Registry is directed to post the appeal for admission on 17.02.2021.

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Assistant Registrar (AD-II)

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// True Copy //

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

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/ /2021 Sub Assistant Registrar(CS)

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The Principal District Judge, Theni

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The Subordinate judge, Theni.

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Copy to:

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The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai

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ORDER DATED : 11/02/2021

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========================== ORDER ========================== CMP(MD). No.556 of 2021 in

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S.A(MD)No.464 of 2015

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Giving direction and etc. as stated within. (KM)CO

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AP(16/02/2021) 2P 4C

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

L.Ramasubbu v. a.Muthuraj

Case brief

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L.Ramasubbu v. a.Muthuraj

Case brief

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