Allowed

Devakumaran v. A.S. Maniyam (Died) 2.A.S.Malliga

Madras HC23 Nov 2023CMP(MD)/15004/2023

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a Civil Miscellaneous Petition filed under Order 41 Rule 19 of CPC to set aside an earlier order. The Court directed the Registry to restore the appealed civil suit and list it for final hearing on 08.12.2023.

What did the court decide?

Petition allowed; Registry directed to restore the appeal suit and post it for final hearing on 08.12.2023.

Devakumaran Vs A.S. Maniyam (Died) 2.A.S.Malliga — Property and Title | Madras HC (2023)

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CMP(MD). No.15004 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Civil Appellate Jurisdiction

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Thursday, the Twenty Third day of November Two Thousand and Twenty Three

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PRESENT

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The Hon`ble Mrs.Justice L. VICTORIA GOWRI

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CMP(MD). No.15004 of 2023 in AS(MD) No.81 of 2018

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Devakumaran

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... Petitioner/Petitioner

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1 A.S. Maniyam (Died)

2 A.S.Malliga

3 S.Raja Arunachalam

4 A.Usha Malathi

5 R.Jeya Chitra

6 S.Tamil Selvi

7 M.Indira Priyadarshini ... Proposed Respondents 2 to 7 / Lr's of Respondent No.1

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Prayer in CMP(MD). No.15004 of 2023

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Civil Miscellaneous Petition filed under order 41 Rule 19of CPC to set aside the order dated 28.03.2022 and restore the A.S.No.81 of 2018 on the file of this Honourable Court and thus render justice.

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https://www.mhc.tn.gov.in/judis

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1/3

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CMP(MD). No.15004 of 2023

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Prayer in AS(MD) No.81 of 2018

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Appeal Suit filed under Section 96 of the C.P.C. against the judgment and decree of the III Additional District Judge, Tirunelveli in O.S. No.11 No.2008 dated 30.01.2018.

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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.S.Rajaseakar Advocate for M/S.Lajapathi Roy and Asso. for the Petitioner and of Mr.T.Lenin Kumar Advocate for the 2^nd to 7^th Respondents, this Court made the following order:

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This petition is filed to set aside the order dated 28.03.2022 and to restore the

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A.S.No.81 of 2018 on the file of this Court.

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2.Being satisfied with the reasons stated in the accompanying affidavit, this petition is allowed.

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3.The Registry is directed to restore the appeal suit and post the case for final hearing on 08.12.2023.

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Sd/-

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Assistant Registrar(CS II)

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// True Copy //

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/12/2023 Sub Assistant Registrar(CS)

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https://www.mhc.tn.gov.in/judis

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2/3

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CMP(MD). No.15004 of 2023

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The III Additional District Judge, Tirunelveli

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Copy to:

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1 The Section Officer,

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Judicial Section, Madurai Bench of Madras High Court, Madurai

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2 THE SECTION OFFICER, VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (2 Copies)

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ORDER DATED : 23/11/2023 HEARING DATE : 08/12/2023 ==========================

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Restore

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========================== CMP(MD). No.15004 of 2023 in

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AS(MD) No.81 of 2018 Giving direction and etc. as stated within.

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MK/01.12.2023 3P 5C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

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Devakumaran v. A.S. Maniyam (Died) 2.A.S.Malliga

Case brief

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Devakumaran v. A.S. Maniyam (Died) 2.A.S.Malliga

Case brief

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What did the court decide?

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