The High Court at Madras dismissed the present petition seeking to set aside an interim order dated 05.09.2019 which had brought legal heirs on record. The court restored the underlying Misc. Civil Petition No.5386 of 2018 based on the respondent's non-objection.
Order dated 05/09/2019 in C.M.P.No.5386 of 2018 set aside and the petition 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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
WEDNESDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.P.NO.4014 OF 2022 IN C.M.P.NO.5386 OF 2018 IN A.S.NO.515 OF 2010
... Petitioners/ Petitioners/Appellants
Vs
... Respondents 2 to 4/ LRs of the deceased 1st Respondent
Prayer in C.M.P.NO.4014 OF 2022: Petition filed under Order 41 Rule 19 of CPC prayed that this Honourable Court may be pleased to set aside the order dated 05/09/2019 made in C.M.P.No.5386 of 2018 in A.S.No.515 of 2010 on the file of this Court.
Prayer in C.M.P.NO.5386 OF 2018: Petition filed under Order 22 Rule 4 of CPC prayed that this Court may be pleased to bring the legal heirs 2, 3 and 4 on record of the deceased respondent in the above First Appeal and rank them as 2 to 4 respondents pending disposal of the A.S.No.515 of 2010.
Prayer in A.S.NO.515 OF 2010: First Appeal filed under Order XLI Rule 1 r/w. Section 96 of the CPC, against the judgment and decree of the Additional District Judge/Fast Track Court No.1, Coimbatore passed in O.S.No.135 of 2007 dated 12.02.2010.
Order : This petition coming on for hearing on this day and upon perusing the affidavit filed in support thereof and upon hearing the arguments of Mr.N.Ponraj, Counsel for the Petitioner and Mr.B.Nedunchezhiyan, Counsel for Respondents 2 to 4, this Court made the following order:-
This petition is filed to set aside the order dated 05.09.2019 in CMP No.5386 of 2018 in A.S.No.515 of 2010 on the file of this Court and to restore the above CMP.No.5386 of 2018 in A.S.No.515 of 2010 on the file of this Court.
Sd/Assistant Registrar(CS-IV)
//True Copy//
Sub Assistant Registrar
ggs To THE ADDITIONAL DISTRICT JUDGE, FAST TRACK COURT NO.1, COIMBATORE.
Copy To THE SECTION OFFICER, JUDICIAL DEPARTMENT, HIGH COURT, MADRAS.
DATED : 27/04/2022 ORDER : C.M.P.NO.4014 OF 2022 IN C.M.P.NO.5386 OF 2018 IN A.S.NO.515 OF 2010
Giving Direction etc., as stated herein. AJS(CO) RLP(10/06/2022)
1 issue framed by the court
Whether the petitioner was entitled to set aside the order dated 05/09/2019 in C.M.P.No.5386 of 2018.
2 provisions across 1 enactments
D.SAMUEL ROBERT and R.VELUMANI
C.DEVI
C.PARAMESHWARAN
Ms.ROHINI
S.KANNAMMAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
