The Madurai Bench disposed of a civil miscellaneous petition filed to set aside a previous order and restore a second appeal. The respondent had no objection, and the court allowed the petition, directing the restoration of the appeal.
Civil Miscellaneous Petition allowed; Second Appeal restored on file and listed for hearing.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction
Wednesday, the Twenty Third day of August Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice C. KUMARAPPAN
CMP(MD). No.10040 of 2023
in
SA(MD) No.503 of 2017
T.Kailasam Alias Saroja, W/o. Raju Adhi Dravidar Colony Ramanathapuram Village Aniyappur Post Manapparai Taluk Trichy District. Now Residing At 23/20g Kalathumedu, South Muthuraja Street, Puthur, Tiruchirappalli – 620 017. ... Petitioner/Appellant/Accused
Vs
1 Chitta
W/o. Thangavel Rethinapuri Colony Inungoor Village Kulithalai Taluk Karur District.
2 Chandra Alias Periyakka, W/o. Balan Rethinapuri Colony Inungoor Village Kulithalai Taluk Karur District. ... Respondent/Respondent/Complainant
Prayer in CMP(MD). No.10040 of 2023:-
This Civil Miscellaneous Petition is filed under Order 41 Rule 19 of C.P.C.,to set aside the order dated 04.04.2018 in SA(MD). No.503 of 2017 passed by this Honourable Court and to restore the same.
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Prayer in SA(MD) No.503 of 2017:-
This Second Appeal is filed under section 100 C.P.C.,against the judgment and decree dated 08.07.2009 in A.S.No.151 of 2007 on the file of the II Additional Subordinate Judge, Tiruchirappalli confirming the judgment and decree dated 24.04.2006 made in O.S.No.270 of 2001 on the file of the District Munsif Court, Manapparai.
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 Mr. Shangar Murali, Advocate for the Petitioner and of Mr.K.S.Kathiravan, Advocate for the respondents, this Court made the following order:
The learned counsel for the respondents had no serious objection in allowing this petition.
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set of papers to the respondents counsel.
Sd/-
Assistant Registrar(CS II)
// True Copy //
/09/2023 Sub Assistant Registrar(CS)
TO
1.The II Additional Subordinate Judge, Tiruchirappalli
2.The District Munsif, Manapparai.
Copy to: 1.The Section Officer, Judicial Section, Madurai Bench of Madras High Court,
Madurai.
2.The Section Officer VR SECTION,
Madurai Bench of Madras High Court, Madurai.
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ORDER DATED : 23/08/2023
========================== ORDER
========================== CMP(MD). No.10040 of 2023 in SA(MD) No.503 of 2017
Giving direction and etc. as stated within.
MK/30.08.2023 4P 6C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether to set aside the order dated 04.04.2018 in SA(MD). No.503 of 2017 and restore the Second Appeal on file.
1 provisions across 1 enactments
T.Kailasam Alias Saroja
Chitta
Chandra Alias Periyakka
C. KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
