Allowed

1. Umarani (Died) 2. Manimekala v. Paramasivam

Madras HC12 Aug 2024CMP(MD)/10454/2024

Case brief

AI extract

What is this about?

Petitioners sought restoration of their appeal suit dismissed for default in 2022. Though the reasons in the affidavit were not satisfactory, the court restored the appeal to give the appellants an opportunity to contest it on merits and listed it for hearing.

What did the court decide?

Order dated 18.02.2022 set aside and AS(MD) No.202 of 2011 restored to file; listed for hearing on 19.08.2024.

1. Umarani (Died) 2. Manimekala Vs Paramasivam — Property and Title | Madras HC (2024)

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CMP(MD). No.10454 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Civil Appellate Jurisdiction

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Monday, the Twelfth day of August Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice P.VELMURUGAN

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AND

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The Hon`ble Mr.Justice K.K. RAMAKRISHNAN

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CMP(MD). No.10454 of 2024

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AS(MD)No.202 of 2011

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Umarani (Died)

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Manimekala

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Mankayarkarasi ...Petitioners 1 to 3/Appellants 1 to 3/plaintiff

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M.Ramprasath ... 4^th Petitioner/ 4^th Appellant

1 Paramasivam

2 Solamalai Raja

3 Amutha

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4 Indira

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5 Vanitha

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6 M. Sharmila

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... Respondent/Respondent/Complainant

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

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1/4

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CMP(MD). No.10454 of 2024

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:Prayer in CMP(MD) No.10454 of 2024

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The Civil Miscellaneous Petition filed Under Order 41 Rule 19 of Civil Procedure Code to set aside the order dated 18.02.2022 and restore the appeal in AS (MD). No.202 of 2011, which was dismissed for default on 18.02.2022 and thus render justice.

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:Prayer in AS(MD) 202 of 2011

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The Appeal Suit filed Under Section 96 of Civil Procedure Code to set aside the Judgment and Decree dated 06.06.2011 passed in O.S.No.191 of 2008 don the file of the I Additional District Judge, Madurai with respect of items No.11 to 13 of the suit properties by allowing the appeal with cost.

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ORDER:- This Civil Miscellaneous Appeal 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.H.Arumugam, Advocate for the Petitioner and of Mr.C.M.Arumugam, Advocate for the first Respondent, Mr.S.Senthilkumar, Advocate for the second and third respondents, this Court made the following order:

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(Order of the Court was made by P.VELMURUGAN,J)

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"This Petition is filed to set aside the order made in A.S(MD)No.202 of

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2011, which was dismissed for default on 18.2.2022 and restore the same to file.

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2.Heard the learned counsel appearing on either side and perused the

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

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CMP(MD). No.10454 of 2024

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materials placed before this Court.

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3.Though the reasons stated in the accompanying affidavit filed in support of this Petition is not satisfactory, in order to give an opportunity to the appellants

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to contest the appeal suit on merits, this Petition is ordered and the appeal suit is restored to file.

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4.List the appeal suit for hearing on 19.08.2024."

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Sd/-

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Assistant Registrar (CO)

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// True Copy //

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/08/2024 Sub Assistant Registrar (CS-I , II , III, IV)

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vsn

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I Additional District Judge, Madurai.

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Copy to:

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The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai (for the purpose of listing AS(MD) No.202 of 2011 on 19.08.2024)

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

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3/4

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CMP(MD). No.10454 of 2024

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ORDER DATED : 12/08/2024

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Next Hearing Date :19.08.2024

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

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ORDER

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

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CMP(MD). No.10454 of 2024

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Giving direction and etc. as stated within.

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SL(16.08.2024)/ 4P/ 3C https://www.mhc.tn.gov.in/judis Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

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1. Umarani (Died) 2. Manimekala v. Paramasivam

Case brief

What is this about?

What did the court decide?

1. Umarani (Died) 2. Manimekala v. Paramasivam

Case brief

What is this about?

What did the court decide?

What the court decided

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