This order deals with CMP No.10146 of 2024 filed to set aside a dismissal order in a second appeal. Confirming compliance with a previous order, the Court restored the second appeal on the file.
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
Thursday,the Twenty Ninth day of August Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CMP(MD).No.10146 of 2024 IN
S.A(MD)No.534 of 2022
K. Krishnan, ... Petitioner/Appellant
Vs
1. The President/special Officer, Trichy Co-operative Housing Society Limited, 14,Ponnagar, Trichy-620 001
2. The Sub Registrar, Trichy Co-operative Housing Society Limited, 14,Ponnagar,Trichy-620 001 ... Respondents/Respondents
Prayer in C.M.P,No.10146 of 2024:-
Civil Miscellaneous Petition Under 0.41 R-19 of CPC r/w. Sec.151 of CPC,to set aside the order of dismissal passed by this Court in SA(MD) No.534/2022 dated 25.04.2023 and to restore the Second Appeal and thus render justice.
Prayer in S.A No.534 of 2022:-
Second Appeal filed under Section 100 of Civil Procedure Code, to set aside the judgment and decree dated 22.02.2018 in A.S. No. 93/2015 on the file of the II Additional Subordinate Judge, Trichirappalli confirming the judgment and decree dated 30.10.2014 in O.S. No. 1401/2013 on the file of the District Munsif Court (V ADM), Trichirappalli and thus render justice.
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ORDER:-
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 Thiru./Mr. M.S.I.Sureskumar, Advocate for the Petitioner,this Court made the following order:
It is reported that the order dated 14.08.2024 has been complied with and the learned Counsel appearing for the petitioner has also filed a cost memo to that effect.
2.In view of the above, this petition is ordered. The second appeal is restored on file.
Sd/-
Assistant Registrar(CO)
// True Copy //
/09/2024 Sub Assistant Registrar (CS – I/ II / III /IV)
lr
TO
1. The II Additional Subordinate Judge, Trichirappalli.
2. The District Munsif (V ADM), Trichirappalli
3. The President/special Officer, Trichy Cooperative Housing Society Limited, 14 Ponnagar, Trichy-620 001.
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4. The Sub Registrar, Trichy Cooperative Housing Society Limited, 14 Ponnagar, Trichy-620 001.
Copy to:
1.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.
2.The Section Officer, NIC Section, Madurai Bench of Madras High Court, Madurai.
To Restore the case in the server.
ORDER DATED : 29/08/2024 ========================== ORDER ========================== CMP(MD). No.10146 of 2024
IN S.A(MD)No.534 of 2022 Giving direction and etc. as stated within.
MK/20.09.2024 3P/7C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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K. Krishnan
The President/special Officer, Trichy Co-operative Housing Society Limited
The Sub Registrar, Trichy Co-operative Housing Society Limited
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
