Allowed

1. S.S. Rajaram (Died), 2. S.S. Ramsundar, v. Arulmigu Kallalagar Devasthanam

Madras HC10 Apr 2023CMP(MD)/8069/2022

Case brief

AI extract

What is this about?

This court allowed a composite petition to set aside an ex parte order and re-hear a civil appeal. The petition, supported by an affidavit, successfully challenged the ex parte procedure, leading to the restoration of the appeal for hearing.

What did the court decide?

Petition to set aside the ex parte order dated 04.02.2008 in A.S. No. 372/1991 and to re-hear the appeal is allowed. Registry directed to restore the appeal.

1. S.S. Rajaram (Died), 2. S.S. Ramsundar, Vs… — Civil Procedure and Limitation | Madras HC (2023)

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CMP(MD). No.8069 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction

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Monday, the Tenth day of April Two Thousand and Twenty Three PRESENT

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The Hon`ble Mr.Justice N.SATHISH KUMAR

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CMP(MD). No.8069 of 2022 in AS No.372 of 1991

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S.S. Rajaram (Died)

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S.S. Ramsundar

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S.S. Amarnath

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S.G. Dinamani(died)

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S.S. Mohanram (died)

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(Died 11th Appellant Brought On Record as the Lrs of Deceased 5th Appellant Vide Court Order Dated 07.02.17 and 22.02.2017 made in M.P.(MD). No. 4 To 6/2013 in MP(MD)No.1/2012 in AS No.372/1991.

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S.K. Surendran

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S.K. Ravindran

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S.N.K.V. Subramanian (Died)

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(Died Appellants 12 and 13 Brought On Record as the Lrs of Deceased 8th Appellant made in M.P.(MD). No. 7 to 9/13 in M. P.(MD). No. 1/12 in A.S.No. 372/1991

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S.V. Duraisamy

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Tilok Chand 11. S.M. Dhakshnamurthy, 12. S.S. Jeevanram 13. S.S. Ganesh

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... Petitioners in CMP(MD). 8069/ 2022

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Arulmigu Kallalagar Devasthanam Alagarkoil Represented by the Execuitve Officer.

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... Respondent/Appellant

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

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CMP(MD). No.8069 of 2022

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Prayer in CMP(MD) No.8069 of 2022:-

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To set aside the exparte order dated 04.02.2008 in A.S. No. 372/1991 and rehear the appeal and render justice.

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Prayer in AS(MD) No.372 of 1991 of 1991:-

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This Appeal Suit filed under section 96 of C.P.C.,prefer against the judgment and decree of the II Additional Sub Judge, Madurai, dated 16.11.1990 and made in OS No.267 of 1989.

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ORDER:-

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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.J.Bharathan, Advocate for the Petitioners and of Mr.K.R.Lakshman, Government Advocate for the respondent, this Court made the following order:

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This application has been filed to set aside the exparte order dated 04.02.2008 in A.S.No.372 of 1991 and to re-hear the appeal.

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2.Since the appeal was disposed of in the absence of petitioner/respondent and no serious objection was raised by the other side to re-hear the appeal and being satisfied with the reasons set out in the affidavit filed in support of this petition, this petition is allowed.

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3.The Registry is directed to restore the appeal on file and list the same for hearing on 05.06.2023.

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// True Copy //

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/04/2023 Sub Assistant Registrar(CS)

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The II 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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2/3

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CMP(MD). No.8069 of 2022

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ORDER DATED : 10/04/2023 Post on : 05/06/2023

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========================== ORDER ==========================

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CMP(MD). No.8069 of 2022 in AS No.372 of 1991

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SI/(26.04.2023) 3P/ 3C

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

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1. S.S. Rajaram (Died), 2. S.S. Ramsundar, v. Arulmigu Kallalagar Devasthanam

Case brief

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1. S.S. Rajaram (Died), 2. S.S. Ramsundar, v. Arulmigu Kallalagar Devasthanam

Case brief

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