The Court restored the civil revision petition (filed under Section 115 CPC) and dismissed the application to set it aside on technical grounds. The Court granted the petitioners a final chance to appear on a specified future date.
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.
CMP(MD). No.7809 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Sixth day of December Two Thousand and Twenty One PRESENT The Hon`ble Ms.Justice P.T.ASHA CMP(MD). No.7809 of 2021 in CRP(MD).No.1362 of 2019
1.Minor.B.Anitha, 2.Minor.B.Bhuvsneswari (Minors the 1st & 2nd petitioners are rep. thro' their father and guardian V.P.Balasubramanian)
3.Minor.S.Sasikala 4.Minor.Swathi Lakhshmi (Minors the 3rd & 4th petitioners are rep. thro' their father and guardian P.Sankar) ... Petitioners/Petitioners Vs
Vairamani ... Respondent/Respondent
Prayer in CMP(MD). No.7809 of 2021:-
Petition filed under Order 9, Rule 9 of CPC, To set aside the order of dismissal passed by this Honble Court in CRP(MD). No.1362/2019 dated 27-11-2019 and RESTORE the same and thus render justice.
Prayer in CRP(MD).No.1362 of 2019:-
Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to Direct the Honourable Additional District Munsif, Madurai Town to give necessary instructions to the Baliff to vacate and handover the Possession of the petition mentioned property to the petitioners as per order passed in EA.No.134/2019 in EP.No.48/2019 dated 15.06.2019 and thus render justice.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and none appeared for the petitioner this Court made the following order:
The civil revision petition was dismissed only on the ground of there being no representation on behalf of the petitioners on 27.11.2019.
2.This Court has taken note of the fact that the petitioners are minors and the eviction had attained finality and what remains is only delivery. The conduct of the tenant, as stated in the application, has also got to be taken note of.
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CMP(MD). No.7809 of 2021
3.Considering the above, this petition to restore the civil revision petition is ordered and the civil revision petition is also restored to file.
4.The learned counsel who has entered appearance for the petitioners is consistently not appearing before this Court and a final chance is given to him to appear before this Court on 05.01.2022, failing which the Court will be constrained to appoint an Advocate to represent the minors.
5.Post the main civil revision petition on 05.01.2022.
Assistant Registrar (CS I)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
TO
The Additional District Munsif, Madurai Town
Copy to:
The Section Officer, Judicial Section,
Madurai Bench of Madras High Court, Madurai
ORDER DATE : 06/12/2021
HEARING DATE : 05/01/2022
========================== ORDER ==========================
CMP(MD). No.7809 of 2021 in CRP(MD).No.1362 of 2019
Giving direction and etc. as stated within.
PS(CO) SB(29.12.2021) 2P 3C
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3 issues framed by the court
Whether to restore a civil revision petition dismissed for default in appearance.
Whether to grant time to the counsel to appear before the court.
Whether to recall the eviction order for delivery of possession.
2 provisions across 2 enactments
Minor.B.Anitha, Minor.B.Bhuvsneswari, Minor.S.Sasikala, Minor.Swathi Lakhshmi, V.P.Balasubramanian, P.Sankar
Vairamani
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
