The Court allowed the Civil Miscellaneous Petition filed under Order 41 Rule 19 CPC to set aside an earlier order dated 13.12.2021. Consequently, the second appeal registered as S.A.(MD)No.656 of 2009 was restored to the file.
The Civil Miscellaneous Petition is allowed. The Registry is directed to restore the second appeal on the file.
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.1354 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Monday, the Nineteenth day of December Two Thousand and Twenty Two
PRESENT
The Hon`ble Mr.Justice S.SOUNTHAR
CMP(MD). No.1354 of 2022 in S.A.(MD)No.656 of 2009
Dhasan (Died) Annamuthammal(Died)
D.Dhasan D/o Late Annamuthuammal Door No.188/8, Veerambal Village and Post Mudukulathur Taluk, Ramanathapuram District
... Petitioner/Proposed Appellant
Vs
1 Hepsi 2 Gnanavolivu ...Respondents 1 & 2/Respondents 1 & 2. 3 Aruldas ... 3rd Respondent/3rd Respondent
Prayer in CMP(MD). No.1354 of 2022:-
Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC., Pleased to set aside the order dated 13.12.2021 and restore the SA(MD) No. 656 of 2009 on the file of this Honourable Court and pass such further or other orders as this Honourable court may deem fit and proper in the facts and circumstances of the case and thus render justice.
Prayer in S.A.(MD)No.656 of 2009:-
Second Appeal filed under Section 100 of CPC against the judgment and decree dated 2511.2008 made in A.S.No.5 of 2006 on the file of the Sub Court, Paramakudi confirming the judgment and decree dated 09.12.2005 made in O.S.No.61 of 1998 on the file of the District Munsif Court, Mudukulathur.
ORDER:- This Civil Miscellaneous 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 M/s. S. Siva Thilakar, Advocate for the Petitioner and of Mr. M.P. Senthil, Advocate for the 1st & 2nd respondents, this Court made the following https://www.mhc.tn.gov.in/judis order:
1/2
CMP(MD). No.1354 of 2022
“The present Civil Miscellaneous Petition has been filed to set aside the order, dated 13.12.2021 and restore the second appeal in S.A.(MD)No.656 of 2009 on the file of this Court.
Sd/-
Assistant Registrar (CS-I)
// True Copy //
/01/2023 Sub Assistant Registrar(CS)
TO
Copy to:
ORDER DATED : 19/12/2022 ========================== ORDER ========================== CMP(MD). No.1354 of 2022 in S.A.(MD)No.656 of 2009
Giving direction and etc. as stated within. RD(04/01/2023) 2P 5C
2/2
3 issues framed by the court
Whether the Civil Miscellaneous Petition filed under Order 41 Rule 19 CPC to set aside the order dated 13.12.2021 should be allowed.
Whether the second appeal S.A.(MD)No.656 of 2009 should be restored on the file of this Court.
Whether the Registrar is directed to restore the second appeal.
2 provisions across 1 enactments
Dhasan (Died) Annamuthammal(Died)
Hepsi
Gnanavolivu
Aruldas
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
