This judgment short orders the allowance of Civil Miscellaneous Petition No.14854 of 2023 filed under Section 41 Rule 19 CPC. The court set aside an order dated 08.08.2022 and directed the restoration of the First Appeal filed under Section 96 CPC.
The petition is allowed and the First Appeal is directed to be restored by the Registry.
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
Friday, the Tenth day of November Two Thousand and Twenty Three
PRESENT
The Hon`ble Mrs.Justice L. VICTORIA GOWRI
CMP(MD). No.14854 of 2023 in AS(MD).No.85 of 2012
1.Rajammal 2.Porpanaiyan 3.Muthulakshmi 4.Ponnazhagu 5.Anjali Devi 6.Soaiyan ... Petitioners/Appellants ..Vs.. C. Kamaraj ... Respondent/Respondent
Prayer :-
Civil Miscellaneous petition filed U/s. 41 Rule 19 of Civil Procedure Code to set aside the Order dated 08.08.2022 made in AS(MD). No.85 of 2012 on the file of this Court and restore the same.
Prayer in AS(MD).85 of 2012 :
Appeal Suit filed under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 21.12.2011 passed in O.S.No.18 of 2007, by the learned https://www.mhc.tn.gov.in/judis Principal District Judge, Pudukkottai.
ORDER:- This Civil Miscellaneous petition is 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. R.Maheswaran, Advocate for the Petitioner and of M/s.C.Bharathi, Advocate for the respondent, this Court made the following order:
"This petition is filed to set aside the order dated 08.08.2022 made in A.S
(MD) No.85 of 2012 on the file of this Court and restore the same.
3.Being satisfied with the reasons stated in the accompanying affidavit,
this petition is allowed. Registry is directed to restore the First Appeal.
Sd/-
Assistant Registrar(CS-I )
// True Copy //
/11/2023 Sub Assistant Registrar(CS)
TO
1.The Principal District Judge, Pudukkottai.
2.The Section Officer,(2C) Vernacular Section, Madurai Bench of Madras High Court, https://www.mhc.tn.gov.in/judis Madurai.
Copy to:
The Section Officer, Judicial Section,
Madurai Bench of Madras High Court, Madurai
ORDER DATED : 10/11/2023 MAIN CASE NEXT HEARING : 06/12/2023 ==========================
RESTORE ORDER ==========================
CMP(MD). No.14854 of 2023
in
AS(MD).No.85 of 2012
SI (23.11.2023) 3P/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 Civil Miscellaneous petition filed under Section 41 Rule 19 CPC to set aside an order and restore the First Appeal deserves to be allowed.
2 provisions across 2 enactments
1.Rajammal 2.Porpanaiyan 3.Muthulakshmi 4.Ponnazhagu 5.Anjali Devi 6.Soaiyan
C. Kamaraj
L. VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
