Restoration petition to revive a second appeal dismissed earlier that sought to challenge decrees upholding a court judgment in a property dispute. Considering the affidavit's reasons, the petition was allowed and the appeal restored for hearing.
Second Appeal restored and posted for final hearing
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.9805 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction
Friday, the Ninth day of February Two Thousand and Twenty Four
PRESENT
The Hon`ble Mrs.Justice S.SRIMATHY
CMP(MD)No.9805 of 2023 in SA(MD)No.527 of 2022
S.Chellamal(Died) P.Thiruvannamalaiyammal (Died) 1.K.Shanmuga Perumal 2.P.Subbu Lakshmi 3.S.Rama Narayanan 4.P.Somuthai 5.S.Padmanaban 6.P.Rama Narayanan 7.P.Mari 8.P.Muthu Rengan ... Petitioners/Appellants Vs 1.M.Arunachala Pandian 2.A.Subbulakshmi ... Respondents/Respondents
Prayer in CMP(MD)No.9805 of 2023 :- Civil Miscellaneous Petition filed under Order 41 Rule 19 of C.P.C., to restore the Second Appeal(MD)No.527 of 2022 by setting aside the order passed by this Hon'ble Court on 17.03.2023.
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CMP(MD)No.9805 of 2023
Prayer in SA(MD)No.527 of 2022 :- Second Appeal filed 100 of under Section Civil Procedure Code, to set aside the judgment and decree passed in A.S.No.24 of 2013 dated 30.11.2018 on the file of Sub-Court, Tenkasi conforming the judgment and decree made in O.S.No.573 of 2005 dated 28.06.2013 on the file of the Additional District Munsiff Court, Tenkasi.
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.V.P.Rajan, Advocate for the Petitioner, this Court made the following order:-
“This Civil Miscellaneous Petition is filed to restore the Second Appeal by setting aside the dismissal order, dated 17.03.2023 in the Second Appeal.
2.Considering the reasons stated in the affidavit filed in support of the petition, this petition is allowed.
3.Registry is directed to restore the Second Appeal and post the matter for final hearing on 15.02.2024.”
Sd/-
Assistant Registrar ()
// True Copy //
/02/2024 Sub Assistant Registrar (CS - I / II / III/ IV)
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CMP(MD)No.9805 of 2023
TO
1.The Subordinate Judge, Thenkasi.
2.The Additional District Munsif, Thenkasi.
Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 09/02/2024
========================== ORDER ========================== CMP(MD)No.9805 of 2023 in SA(MD)No.527 of 2022
Giving direction and etc. as stated within.
DL/(13.02.2024)/ 3P/4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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2 provisions across 2 enactments
K.Shanmuga Perumal
P.Subbu Lakshmi
S.Rama Narayanan
P.Somuthai
S.Padmanaban
P.Rama Narayanan
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
