Civil Miscellaneous Petitions filed to set aside dismissal for default were closed by the Madurai Bench of Madras High Court due to the death of the sole petitioner, with no further adjudication required.
Petitions closed due to death of the petitioner; no further order required.
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 Thirteenth day of December Two Thousand and Twenty Three
PRESENT
The Hon`ble Mrs.Justice L.VICTORIA GOWRI
CMP(MD). Nos.6177 and 6178 of 2021 in C.M.S.A.(MD)Nos.17 and 18 of 2010
Alagarsamy ... Petitioner/Appellant in both the petitions
Vs
Rajarathinam ... Respondents/Respondents in both the petitions.
Common Prayer :-
Civil Miscellaneous Petitions filed Under Order 41 Rule 9 of C.P.C to set aside the order of dismissal for default passed on 23.10.2019 in C.M.S.A.(MD).Nos.17 and 18 of 2010 and restore the same to pass such other further order or orders as this Court.
Common Prayer in C.M.S.A(MD)Nos.17 and 18 of 2010:-
These Civil Miscellaneous Second Appeals filed under Section 28 of the Hindu Marriage Act r/w Section 100 of Civil Procedure Code, against the judgment and decree dated 15.02.2010 made in C.M.A.Nos.53 and 54 of 2008 on the file of Fast Track Court/Additional District Judge, Dindigul, confirming the judgment and decree dated 01.07.2008 made in H.M.O.P.Nos.85 and 78 2001 on the file of Principal Subordinate Court, Dindigul.
1/3
ORDER:- These Petitions 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 M/s. R.G. Shankar Ganesh, Advocate for the Petitioner in both the petitions, and of Mr. S.P. SamuelRaj, Advocate for the respondent in both the petitions, this Court made the following order:
“Today, when the matter is taken up for hearing the learned Counsel appearing for the petitioner has submitted that the sole petitioner died. In view of the same, nothing survives for adjudication. Hence, these Civil Miscellaneous Petitions are closed.”
Sd/-
Assistant Registrar(CS III)
// True Copy //
/12/2023 Sub Assistant Registrar(CS)
TO
Copy to:
Madurai Bench of Madras High Court, Madurai
2/3
ORDER DATED : 13/12/2023 ========================== ORDER
==========================
CMP(MD). Nos.6177 and 6178 of 2021 in C.M.S.A.(MD)Nos.17 and 18 of 2010
Giving direction and etc. as stated within.
MK/27.12.2023 3P 6C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
3/3
1 provisions across 1 enactments
Alagarsamy
Rajarathinam
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
