Allowed

1. Sivakami (Died), 2. Murugan v. S. Govindammal

Madras HC4 Dec 2024CMP(MD)/5346/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed this Civil Miscellaneous Petition filed under Order 41 Rule 19 CPC. The Court directed the Registry to restore the Second Appeal (S.A. No. 729 of 1999), which had been dismissed for default, for filing and subsequent disposal on merits.

What did the court decide?

The petition allowed; Registry directed to restore the Second Appeal on file for disposal on merits.

1. Sivakami (Died), 2. Murugan Vs S. Govindammal — Civil Procedure and Limitation | Madras HC (2024)

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CMP(MD). No.5346 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction

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Wednesday, the Fourth day of December Two Thousand and Twenty Four

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PRESENT

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The HONOURABLE MR. JUSTICE V.SIVAGNANAM

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CMP(MD). No.5346 of 2024 IN S.A.No.729 of 1999

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Sivakami (Died),

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Murugan 3. Raghupathy (Minor) ... Petitioners/Appellants

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S. Govindammal, 2. Periyagovindan ... Respondents/Respondents

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Prayer in CMP(MD). No.5346 of 2024:-

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This Civil Miscellaneous Petition filed Under Order 41 Rule 19 of Civil Procedure Code praying to restore the Second Appeal in S.A. No. 729 of 1999 which was dismissed for default on 29.03.2019, the Second Appeal on file and decide the matter on merits

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Prayer in SA No.729 of 1999:-

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Second Appeal filed Under Section 100 of the Code of Civil Procedure Code, against the judgment and decree made in A.S.No.187 of 1995, dated 10.12.1996 on the learned Additional Sub Court, Srivilliputhur, confirming the Judgment and

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

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CMP(MD). No.5346 of 2024

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decree made in O.S.No.299 of 1991, dated 22.08.1995, on the file of the learned District Munsif Court, Sattur.

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ORDER:- This Civil Miscellaneous 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.An.Ramanathan For Mr.K.Muthuganesa Pandian, Advocate for the Petitioners and of Ms.S.Mahalakshmi, Advocate for the first respondent, this Court made the following order:

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"This petition is allowed.

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2.Registry is directed to restore the Second Appeal on file".

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Assistant Registrar( CS-I )

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// True Copy //

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1.The Additional Subordinate Judge, Srivilliputhur.

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2.The District Munsif, Sattur

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Copy to:

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The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai

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

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CMP(MD). No.5346 of 2024

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ORDER DATED : 04/12/2024 ========================== ORDER ========================== CMP(MD). No.5346 of 2024 IN S.A.No.729 of 1999

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SI - (26.12.2024) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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

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1. Sivakami (Died), 2. Murugan v. S. Govindammal

Case brief

What is this about?

What did the court decide?

1. Sivakami (Died), 2. Murugan v. S. Govindammal

Case brief

What is this about?

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