Allowed¶22

S. Periasamy v. 1. P.Ganapathy Thevar (DIED)2. Subbulakshmi

Madras HC7 Jul 2025CMP(MD)/10146/2023

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; R. Vijayakumar J.; order dated 07/07/2025; CMP(MD)No.10146 of 2023 in SA.No.611 of 2003; restoration petition under Order 41 Rule 19 CPC to set aside order dated 13.04.2023 and restore Second Appeal; Second Appeal under Section 100 CPC against A.S.No. 312 of 2001 (Principal District Judge, Tirunelveli; decree dated 21.11.2002) preferred against O.S.No.108 of 1997 (Additional Subordinate Judge, Tenkasi; decree dated 12.09.2001); abatement qua fourth respondent already set aside; appeal restored and listed on 21.07.2025; petitioners S.Periasamy, S.Senthoor Pandian, S.Sudalaiyandi; counsel R.Subramanian (petitioner), Sundara Pandian (respondents 2,3,5&8).

What did the court decide?

Petition allowed; appeal SA.No.611 of 2003 restored to the file and directed to be listed on 21.07.2025. ¶22

S. Periasamy Vs 1. P.Ganapathy Thevar (DIED)2. Subbulakshmi — Madras HC (2025) — LawSathi Research

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Seventh day of July Two Thousand and Twenty Five PRESENT

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THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR CMP(MD)No.10146 of 2023 in

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SA.No.611 of 2003

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1.S.Periasamy 2.S.Senthoor Pandian 3.S.Sudalaiyandi ...Petitioners/Appellants VS., 1.P.GanapathyThevar(Died) .../Sole Respondent 2.Subbulakshmi 3.Mariyammal

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4.Shanmugalakshmi(Died)

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5.Sornam 6.Mahendra Boopathy 7.Sudha 8.Minor.Santhosh (Rep. by His Mother and Natural Guardian, the 7th Respondent Herein.) ...Respondents 2to8/

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Proposed Respondents 2to8 (LRS of Sole Respondent)

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9.Thalavai Alias Kili 10.Minor T.Parkavi Suguna (10^th Respondent is Minor Represented by Her Father/9th Respondent)

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... Respondents 9&10/ Proposed Respondents 9&10 (LRS of 4^th Respondent)

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

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(Respondents 9 and 10 are brought on record as LRS of the deceased 4^th Respondent vide Court order dated 07.07.2025 made in CMP (MD) Nos. 8663, 8665 and 8668/2025 in SA.No.611of 2003 by RVJ)

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Prayer in CMP(MD).No.10146/2023:

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Civil Miscellaneous Petition is filed under Order 41 Rule 19 of CPC, to set aside dated 13.04.2023 passed by this Hon`ble Court in the above S.A.No.611 of 2003 and restore the appeal.

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Prayer in SA.No.611 of 2003:

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This Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 21.11.2002 in A.S.No. 312 of 2001 on the file of the Principal District Judge, Tirunelveli, preferred against the judgment and decree dated 12.09.2001 in O.S.No.108 of 1997 on the file of Additional Subordinate Judge, Tenkasi.

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ORDER:-

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This Criminal Miscellaneous Petition coming up for orders on this day and upon perusing the petition,upon hearing the arguments of Mr.R.Subramanian, Advocate for the Petitioner and of Mr.sundara Pandian, Advocate for the Respondents 2,3,5&8 this Court made the following order:

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This petition has been filed to set aside the order dated 13.04.2023 passed by

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this Court in the above S.A.No.611 of 2003 and restore the appeal on file.

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

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2.Since the abatement with regard to the fourth respondent has already been

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set aside, this petition stands allowed. The appeal is restored to the file and list the matter on 21.07.2025.

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Sd/-