Restoration application seeking to revive three civil miscellaneous petitions in a pending second appeal, dismissed earlier for default. Relying on its earlier order in a companion petition, the Court allowed restoration and directed the Registry to restore the petitions on 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.
CMP(MD) No.13633 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Fifth day of June Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice S.SOUNTHAR
CMP(MD) No.13633 of 2023 in SA No.1464 of 1994
SHANMUGHA THEVAR, (DIED)
MUNIASAMY THEVAR (DIED) M. KANNAN ... Petitioner / Appellant
Vs
1.SUDALAIMUTHU NADAR(DIED)
2.P.ANNAPOO (DIED) 3.V.PUSHPAM (DIED)
4.S.VAZHAVETTI
5 S.BALRAJ
6 PERUMAL
7 LAKSHMI 8 P.PONNUTHAI
... Respondents / Respondents
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CMP(MD) No.13633 of 2023
9 P.MUTHUSAMY
10 P.SRIRAM
11 P.VIJAYAANAND
12 P.JEYAKULAN
13 L.SELVI
14 M.NALAVATHI,
15 P.REVATHI
... Respondents 9 to 15 / Proposed Respondents 9 to 15
Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to restore the CMP(MD). No. 12383/2022, CMP(MD). No. 12385/2022 and 12387/2022 in SA No. 1464/1994 by setting aside the order dated 14.07.2023.
Prayer in SA No.1464 of 1994:
To prefer this memorandum of second appeal against the judgment and decree dated 25.03.1994 made in A.S.No.130 of 1992 on the file of the Sub Court at Ramanathapuram, reversing the judgment and decree dated 27.11.1991 made in O.S.No.184 of 1990 on the file of the District Munsif Court, Pramakudi.
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 M/S.S.VENKATESH, Advocate for the petitioner, the Court made the following order:-
In view of the order passed by this Court in C.M.P.(MD)No.13093 of 2023 in S.A.No.1464 of 1994, dated 26.09.2023 and the reasons assigned by the petitioner in
support of the applications herein, this Court is inclined to order the restoration https://www.mhc.tn.gov.in/judis
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CMP(MD) No.13633 of 2023
application.
sd/05/06/2024
/ TRUE COPY /
/06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VSM To
1.The Subordinate Judge, Ramanathapuram. 2.The District Munsif, Paramakudi.
ORDER IN CMP(MD) No.13633 of 2023 in SA No.1464 of 1994 Date :05/06/2024
ED/ VR /SAR- (04/06/2024) 3P / 3C
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
Should CMP(MD) Nos.12383, 12385 and 12387 of 2022 in SA No.1464 of 1994, dismissed by order dated 14.07.2023, be restored?
Shanmugha Thevar (Died)
Muniasamy Thevar (Died)
M. Kannan
Sudalaimuthu Nadar (Died)
P.Annapoo (Died)
V.Pushpam (Died)
S.SOUNTHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
