Allowed

Mr.D.Samuel Robert, v. a. Cithambaranthan Died.

Madras HC27 Apr 2022CMP/4016/2022

Case brief

AI extract

What is this about?

The High Court of Madras, in a miscellaneous application, set aside an earlier order dated 05/09/2019 and restored the underlying civil miscellaneous petition (C.M.P. No. 5385 of 2018) based on the consent of the respondent's counsel, as there was no objection to the petition.

What did the court decide?

The petition was set aside the order dated 05.09.2019 and ordered to place C.M.P. No. 5385 of 2018 back on the file

Mr.D.Samuel Robert, Vs a. Cithambaranthan Died. — Civil Procedure and Limitation | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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WEDNESDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

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C.M.P.NO.4016 OF 2022 IN C.M.P.NO.5385 OF 2018 IN A.S.NO.515 OF 2010

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D.SAMUEL ROBERT

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R.VELUMANI

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... Petitioners/ Petitioners/Appellants

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A.CHITHAMBARANATHAN (DIED) 2. C.DEVI, W/O. LATE. CHITHAMBARANATHAN 3. C.PARAMESHWARAN, S/O LATE. CHITHAMBARANATHAN

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Ms.ROHINI, D/O LATE. CHITHAMBARANATHAN

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... Respondents 2 to 4/ LRs of the deceased 1^st Respondent

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Prayer in C.M.P.NO.4016 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.5385 of 2018 in A.S.No.515 of 2010 on the file of this Court.

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Prayer in C.M.P.NO.5385 OF 2018: Petition filed under Order 22 Rule 9 of C.P.C prayed that this Court may be pleased to set aside the abatement caused due to the death of the sole respondent in the above A.S.No.515 of 2010.

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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.

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

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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:-

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This petition is filed to set aside the order dated 05.09.2019 in CMP No.5385 of 2018 in A.S.No.515 of 2010 on the file of this Court and to restore the above CMP.No.5385 of 2018 in A.S.No.515 of 2010 on the file of this Court.

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Learned Counsel for the Petitioner present. Learned counsel for the Respondent also present and submitted that he has no objection to order the Petition.

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In view of the same, the Petition is ordered as prayed for.

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Sd/Assistant Registrar(CS-IV)

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//True Copy//

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Sub Assistant Registrar

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ggs To THE ADDITIONAL DISTRICT JUDGE, FAST TRACK COURT NO.1, COIMBATORE.

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Copy To THE SECTION OFFICER, JUDICIAL DEPARTMENT, HIGH COURT, MADRAS.

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DATED : 27/04/2022 ORDER : C.M.P.NO.4016 OF 2022 IN C.M.P.NO.5385 OF 2018 IN A.S.NO.515 OF 2010

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Giving Direction etc., as stated herein. AJS(CO) RLP(10/06/2022)

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

Mr.D.Samuel Robert, v. a. Cithambaranthan Died.

Case brief

What is this about?

What did the court decide?

Mr.D.Samuel Robert, v. a. Cithambaranthan Died.

Case brief

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What did the court decide?

What the court decided

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