In CMP(MD).No.8602 of 2023, the Court restored the Second Appeal filed under Section 100 of the CPC, dismissing it for non-prosecution, and directed the registry to list the matter on the specified date.
The Civil Miscellaneous Petition is allowed and the Second Appeal is ordered to be restored on file and listed for 01.09.2023.
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.
CMP(MD). No.8602 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Thursday, the Tenth day of August Two Thousand and Twenty Three PRESENT
The Hon`ble Mr.Justice C. KUMARAPPAN
CMP(MD). No.8602 of 2023 in SA(MD) No.460 of 2017
K.Suyambuthurai ... Petitioner/Appellant Vs
Sornam(Died)
2 K.Panneerselvam ... Respondents/Respondents
Prayer in CMP(MD). No.8602 of 2023
Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC To set aside the order dated 21-04-2023 passed in S.A.(MD).No.460 of 2017 which was dismissed for non-prosecution and restore the same and pass such further of other orders as this Hon`ble Court may deem fit in the circumstances of the case, and thus render justice.
Prayer in SA (MD)No.460 of 2017
This Second Appeal is filed under Section 100 of the Code of Civil Procedure, https://www.mhc.tn.gov.in/judis 1908 against the Judgment and Decree of the Court of the Principal Subordinate
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CMP(MD). No.8602 of 2023
Court, Nagercoil, dated 17.04.2017 passed in A.S.No.19 of 2014 confirming the
Judgment and Decree of the Court of the II Additional District Munsif, Nagercoil , dated 06.12.2013 passed in O.S. No.666 of 2006.
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.D.Saravanan Advocate for the Petitioner and of Mr.V.Meenakshi Sundaram Advocate for the 1st and 2nd Respondent, this Court made the following order:
No serious objection has been raised by the respondents for restoring the Second Appeal.
petitioners and also being satisfied with the averments in the affidavit, this civil Miscellaneous Petition is allowed and the Second Appeal is ordered to be restored.
01.09.2023.
Sd/Assistant Registrar (CS I)
// True Copy //
/08/2023 Sub Assistant Registrar(CS)
ebsi
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CMP(MD). No.8602 of 2023
TO
2.The II Additional District Munsif, Nagercoil.
Copy to:
1.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. (2 Copies)
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CMP(MD). No.8602 of 2023
BEFORE THE MADURAI BENCH OF
MADRAS HIGH COURT
Hon`ble Mr.Justice
C. KUMARAPPAN
ORDER DATED : 10/08/2023 Hearing Date : 01/09/2023
==========================
Restore ==========================
CMP(MD). No.8602 of 2023 in
SA(MD)No.460 of 2017
Giving direction and etc. as stated within.
KSR/23.08.2023 4P 6C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether to restore the Second Appeal (S.A.(MD).No.460 of 2017) which had been dismissed for non-prosecution.
K.Suyambuthurai
Rajam
K.Panneerselvam
C. KUMARAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
