In a civil miscellaneous petition, the Madurai Bench of the Madras High Court allowed the petition based on the accompanying affidavit and restored the dismissed First Appeal to the lower court file, posting the matter for future hearing.
The petition is allowed, and the Registry is directed to restore the First Appeal to the file of the learned District Judge.
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
Monday, the Sixteenth day of October Two Thousand and Twenty Three
PRESENT
The Hon`ble Mrs.Justice L. VICTORIA GOWRI
CMP(MD). No.13299 of 2023 in AS(MD) No.33 of 2013
M.Manickavasagam ... Petitioner/Appellant
Vs
1 Ravikumar
(1st Respondent is Declared as Majar
and the guardianship of his mother Dhanalakshmi is discharged vide court order dated 31/08/2023 made in CMP(MD) No.10930/2023 in AS(MD) No.33/2013 )
Prayer in CMP(MD). No.13299 of 2023
Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC To set aside the order dated 11.08.2022 passed by this Honourable court in AS(MD)No.33 of 2013 which was dismissed for non prosecution and restore the same and thus render justice.
Prayer in AS(MD) No.33 of 2013
Appeal Suit filed under section 96 r/w Order 41 Rule 1 & 2 of CPC against the judgment and decree dated 18.07.2012 passed in O.S. No.63 of 2010 on the file of the 6th Additional District Judge, Madurai and set aside the same.
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.G.Prabhu Rajadurai Advocate for the Petitioner and of Mr.R.Aravindan Advocate for the 1st and 2nd Respondents, this Court made the following order:
This petition is filed to set aside the order dated 11.08.2022 passed by this Court in A.S.(MD)No.33 of 2013.
petition is allowed. Registry is directed to restore the First Appeal.
Sd/-
Assistant Registrar(CS-I)
// True Copy //
/10/2023 Sub Assistant Registrar(CS)
SRR
TO The 6th Additional District Judge, Madurai .
Copy to:
2.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.(2 Copies)
ORDER DATED : 16/10/2023 Hearing DATED : 15/11/2023 ========================== Restore ========================== CMP(MD). No.13299 of 2023 in AS(MD) No.33 of 2013 SI(30.10.2023) 4P/ 5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
1 issue framed by the court
Whether the First Appeal filed under Section 96 CPC should be restored to the file of the learned lower court.
2 provisions across 1 enactments
M.Manickavasagam
Ravikumar
Minor Aishwarya
Malarkann
Manimaran
M.Manimegalai
Justice L. VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
