Allowed

1. Meenalochani alias Meena (Died), 2. Marimuthu alias Kannan, v. 1. Saradhamani (Died), 2. Dr. G. Sundara Vadivel

Madras HC14 Jul 2023CMP(MD)/5844/2023

Case brief

AI extract

What is this about?

This court allowed a civil miscellaneous petition filed under Order 9 Rule 9 CPC to set aside an order dismissing a Civil Revision Petition due to default. The appellant succeeded, with the respondent having no objection.

What did the court decide?

The Civil Miscellaneous Petition was allowed and the Civil Revision Petition was restored to be posted for final disposal on 20.07.2023.

1. Meenalochani alias Meena (Died), 2… — Civil Procedure and Limitation | Madras HC (2023)

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CMP(MD). No.5844 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction

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Friday, the Fourteenth day of July Two Thousand and Twenty Three

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PRESENT

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The Hon`ble Mr.Justice C. KUMARAPPAN

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CMP(MD). No.5844 of 2023 in

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CRP(MD).No. 1584 of 2015

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Meenalochani Alias Meena (Died)

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Marimuthu Alias Kannan S/o. Subramania Pillai Alias Mayilvahanan

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Shanthi

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Nagarajan

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Vignesh Meenakshi Sundaram ... Petitioners 2 to 5/Petitioner 2 to 5

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Saradhamani (Died)

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Dr. G. Sundara Vadivel ... Respondents/Respondents

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Prayer in CMP(MD). No.5844 of 2023:-

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This petition filed under Order 9 Rule 9 of Civil Procedure Code, praying this Court to set-aside the order and restore the Civil Revision Petition in C.R.P.(MD). No. 1584 of 2015 dated 26.04.2023 which was dismissed for default for nonprosecution.

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

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CMP(MD). No.5844 of 2023

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Prayer in CRP(MD). 1584/ 2015 :

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This Civil Revision Petition filed under Article 227 of constitution of India, against the fair and decreetal order passed in I.A. No. 757 of 2012 in O.S.No. 646/2010, dated 23.06.2015 on the file of the III Additional Sub Judge, Madurai.

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ORDER:-

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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 Mr. R.Manickam, Advocate for the Petitioners and of Mr. G.Mohan Kumar, Advocate for the respondents, this Court made the following order:

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“ The learned counsel for the respondent is present and has no objection in allowing this application. Hence this petition is allowed and CRP is ordered to be restored.

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Registry is directed to post the main CRP on 20.07.2023 “for final disposal”.

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Sd/-

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Assistant Registrar(AS)

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// True Copy //

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25/07/2023 Sub Assistant Registrar(CS)

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The III Additional Sub Judge, Madurai.

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Copy to:

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The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

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

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CMP(MD). No.5844 of 2023

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ORDER DATED : 14/07/2023

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==========================

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RESTORED ORDER

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==========================

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CMP(MD). No.5844 of 2023 in

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CRP(MD).No. 1584 of 2015

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Giving direction and etc. as stated within.

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MK/25.07.2023 3P 3C

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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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1. Meenalochani alias Meena (Died), 2. Marimuthu alias Kannan, v. 1. Saradhamani (Died), 2. Dr. G. Sundara Vadivel

Case brief

What is this about?

What did the court decide?

1. Meenalochani alias Meena (Died), 2. Marimuthu alias Kannan, v. 1. Saradhamani (Died), 2. Dr. G. Sundara Vadivel

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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