The Court allowed civil miscellaneous petitions filed under Order 41 Rule 19 of CPC to set aside and restore appeals dismissed by the lower court due to non-prosecution on previous dates.
Petitions to set aside and restore appeals dismissed for non-prosecution are allowed.
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
Wednesday, the Thirty First day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice N.SESHASAYEE AND
The Hon`ble Mr.Justice P. VADAMALAI
CMP(MD). No.12009 and 12996 of 2023 in
AS(MD) Nos.35 & 43 of 2006
CMP(MD). No.12009 in AS(MD) No.35 of 2006
K.S.V.Nataraja Nadar(Died)
1 N.Parthasarathy
Vs 1 Durga
2 Vairameena
3 Sasikala
... Respondents/Respondents
Prayer in CMP(MD). No.12009
Civil Miscellaneous Petitio file under order 41 Rule 19 of CPC., to set aside and restore the appeal in A.S.(MD)No.35 of 2006 which was dismissed on for non prosecution 01.04.2022
Prayer in AS(MD) No.35 of 2006
Appeal filed under section 96 of C.P.C against the decree and common judgment passed in O.S. No.5 of 2004 on the file of the Principal District Court, Virudhunagar District, at Srivilliputtur, dated 29.09.2004.
CMP(MD). No.12996 in AS(MD) No.43 of 2006 K.S.V.Nataraja Nadar(Died) 1. .N.Nagalakshmi (Died) 2. D.Rajamalliga 3. N.Parthasarathy 4. P.Premavathy 5. N.Sivaprakasam 6. C.Kalanidhi 7. P.Umadevi
... Petitioners 2 to 7/ Appellants 2 to 7 in CMP(MD). 12996/ 2023 - Vs. - 1. Durga 2. Vairameena https://www.mhc.tn.gov.in/judis 3. Sasikala
... Respondents in CMP(MD). 12996/ 2023
Prayer in CMP(MD). 12996/ 2023 :
Civil Miscellaneous Petitio filed under order 41 Rule 19 of CPC., to set aside and restore the order dated 01.04.2022 and restore the appeal in A.S.(MD)No.43 of 2006 dismissed for non prosecution on 01.04.2022
Prayer in AS(MD) No.43 of 2006
Appeal filed under section 96 of C.P.C against the decree and judgment passed in O.S. No.6 of 2004 on the file of the Principal District Judge, Virudhunagar District, at Srivilliputtur, dated 29.09.2004.
ORDER:- These Petitions coming on for orders on this day and upon perusing the https://www.mhc.tn.gov.in/judis petitions and the affidavits filed in support thereof and upon hearing the arguments
of Mr.T.Lenin Kumar, Advocate for the Petitioner and of M/s.P.Malini, Advocate
for the 1st and 2nd Respondents, this Court made the following order:
Heard the learned counsel for the petitioner and the learned counsel for the respondents.
Sd/-
Assistant Registrar(CS II)
// True Copy //
/08/2024 Sub Assistant Registrar (CS- I/ II / III / IV)
TO
The Principal District Judge, Virudhunagar District, at Srivilliputtur,
Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 31/07/2024 ==========================
ORDER
========================== CMP(MD)Nos.12009 and 12996 of 2023 in AS(MD) Nos. 35 and 43 of 2006 Giving direction and etc. as stated within.
MGJ(30.08.2024) 5P 3C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023
1 issue framed by the court
Whether the civil miscellaneous petitions filed under Order 41 Rule 19 of CPC to set aside and restore appeals dismissed by non-prosecution should be allowed.
1 provisions across 1 enactments
N.Parthasarathy
Sivaprakasam
M/s. Chitrakala Litho Works
N.Nagalakshmi
D.Rajamalliga
P.Premavathy
N.SeshasRay
P. Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
