This petition, filed under Order 41 Rule 17 and Section 151 of the C.P.C., sought to rehear a Civil Miscellaneous Second Appeal that had been previously disposed of by this Court. The Court allowed the petition.
The petition from Madurai Bench to rehear the Civil Miscellaneous Second Appeal is 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.
CMP(MD). No.5339 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Tuesday, the Fourth day of June Two Thousand and Twenty Four
PRESENT The Hon`ble Mrs.Justice S.SRIMATHY CMP(MD). No.5339 of 2024 in
CMSA(MD).No.20 of 2012
S.Nirmala ... Petitioner/Respondent
Vs T.Shanmuganantham ... Respondent/Appellant
Prayer in CMP(MD). No.5339 of 2024 :-
This Petition filed under Order 41 Rule 19 R/w section 151 of C.P.C to rehear the Civil Miscellaneous Second Appeal in CMSA(MD). No.20 of 2012 which was disposed of by this Honourable Court on 06.12.2021 and set aside the same.
Prayer in CMSA(MD). 20/ 2012 :
Appeal filed under section 28 of Hindu Marriage Act r/w section 100 of C.P.C to set aside the fair decreetal order dated 27.02.2012 passed In C.M.A.No.1 of 2011 on the file of the learned District Judge,Karur in reversing the fair and decreetal order dated 25.08.2010 passed in H.M.O.P.No.120 of 2007 on the file of the learned Subordinate Judge, Karur
ORDER:- This 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.M.P.Senthil, Advocate for the Petitioner, this Court made the following order: https://www.mhc.tn.gov.in/judis
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CMP(MD). No.5339 of 2024
“ This Petition is allowed ”.
Sd/-
Assistant Registrar (CO)
// True Copy //
/06/2024 Sub Assistant Registrar (CS-I / II / III / IV)
KSA
TO
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai
Madurai Bench of Madras High Court, Madurai. (2 Copies)
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CMP(MD). No.5339 of 2024
ORDER DATED : 04/06/2024 ========================== ORDER ========================== CMP(MD). No.5339 of 2024 in CMSA(MD).No.20 of 2012 Giving direction and etc. as stated within. RD(26/06/2024) 3P / 6C
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
Whether a petition under Order 41 Rule 17 C.P.C. read with Section 151 C.P.C. should be allowed to rehear a Civil Miscellaneous Second Appeal previously disposed of.
2 provisions across 2 enactments
S.Nirmala
T.Shanmuganantham
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.Srimathy
