This miscellaneous petition prayed to restore a second appeal for rehearing. The High Court allowed the application, imposed a cost of Rs. 5,000, and restored the second appeal for final disposal.
Restoration of the second appeal SA(MD) No. 254 of 2022 for final disposal; cost of Rs. 5,000 payable by petitioners.
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.11376 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Second day of September Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice B.PUGALENDHI
CMP(MD) No.11376 of 2024 IN SA(MD) No.254 of 2022
1 Y.AMALADASS
2 A.NITHYA
... PETITIONERS/APPELLANTS
Vs
1 Y.JOSEPH JESURAJ,
2 J.TAMILSELVI, ... RESPONDENTS/RESPONDENTS
Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order passed in SA.(MD).No.254 of 2022 dated 15.07.2024 by this Hon`ble court and restore the above second appeal and reheard on merits and thus render justice.
Prayer in SA(MD). 254/ 2022 :
Second Appeal filed under Section 100 of Civil Procedure Code, to set aside the against the Judgment and Decree dated 21.10.2021 passed in A.S. No. 47 of 2019 on the file of I Additional District Judge, Madurai Confirming Judgment and decree dated 11.08.2018 in O.S. No. 190 of 2012 on the file of the II Additional Subordinate Judge, Madurai and thus allow the appeal with costs and thus render justice.
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CMP(MD) No.11376 of 2024
ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.V.MUTHU KAMATCHI, Advocate for the petitioner and of MR.K.SAMIDURAI, Advocate on behalf of the Respondents the court made the following order:-
Being satisfied with the reasons assigned in the affidavit filed in support of this petition and also considering the fact that this Court has already admitted the second appeal, this petition is ordered with a cost of Rs.5,000/- to be paid by the petitioners herein to the respondents, within a period of two weeks, from the date of receipt of a copy of this order. Accordingly, the second appeal is restored on file.
2.Post the second appeal for final disposal after two weeks.
sd/02/09/2024
/ TRUE COPY /
/09/2024 Sub-Assistant Registrar (CS-I/ II/ III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
lr
TO
1.The I Additional District Judge, Madurai
2.The II Additional Subordinate Judge, Madurai
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CMP(MD) No.11376 of 2024
ORDER IN CMP(MD) No.11376 of 2024 IN SA(MD) No.254 of 2022 Date :02/09/2024
RK/VR (06/09/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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Y. AMALADASS
A. NITHYA
Y. JOSEPH JESURAJ
J. TAMILSELVI
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
