The Madurai Bench of Madras High Court allowed a Civil Miscellaneous Petition filed under Order 41 Rule 19 of CPC to restore an appeal previously dismissed for default due to non-filing of a Leave to Appeal application.
Got the appeal in AS No.65 of 2005 restored from its dismissal for default.
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
Tuesday, the Fourth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY
CMP(MD). No.6616 of 2024 in AS(MD) No.65 of 2005
3.Visalatchi
Vs
1 Vinju Sundaraiammal 2 Mithila 3 Gomathi 4 A.R.Krishnamurthy (Died) 5 A.K.Soundaravalli https://www.mhc.tn.gov.in/judis 6 A.K.Shanthilal
7 A.K.Babulal
8 Somankillee Nagarathinam
9 Chithra
10 Santhanam
11 Ramesh
12 Saravanan
... Respondents/Respondents
Prayer in CMP(MD). No.6616 of 2024 :-
Civil Miscellaneous Petition filed under order 41 Rule 19 of Cpc To Restore the appeal in AS No.65 of 2005, which is dismissed for default of non filing of LR Application on 21.07.2022 and thus render justice.
Prayer in AS(MD) No.65 of 2005:
Appeal suit filed under section 96 of the civil Procedure code, against the judgment and decree, dated 30.09.2003 made in O.S. No.55 of 2002, on the file of the Additional District and Sessions Judge (Additional District Fast Track Court ) Ramanathapuram.
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.S.Vellaichamy , Advocate for the Petitioner this Court made the following order:
“ This Petition is allowed”
Sd/-
Assistant Registrar ( CS-II )
// True Copy //
/07/2024 Sub Assistant Registrar (CS - I/ II / III / IV)
TO
The Additional District and Sessions Judge (Additional District Fast Track Court ) Ramanathapuram.
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 04/06/2024
========================= Restore =========================
CMP(MD). No.6616 of 2024 in AS(MD) 65 OF 2005
Giving direction and etc. as stated within.
RE (09.07.2024) 3P/ 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 appeal in AS No.65 of 2005 dismissed for default be restored under Order 41 Rule 19 of CPC.
2 provisions across 1 enactments
Vinju G.Naganathan
Visalatchi
Mahesh Babu
Govindan
Malathi
Parthasarathy
S.Srithy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
