Allowed¶18

Rajan v. a.Sarojini

Civil Procedure – Restoration of appeal dismissed for default – Order 41 Rule 19 of Code of Civil Procedure, 1908

Madras HC17 Jul 2025CMP(MD)/11164/2025

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What is this about?

Restoration of Family Courts appeal dismissed for non-prosecution; Madurai Bench of Madras High Court; CMP(MD).No.11164 of 2025 in C.M.A.(MD)No.40 of 2019; Rajan v. A.Sarojini and T.Anbu; Order 41 Rule 19 of Code of Civil Procedure, 1908; Section 19 of the Family Courts Act, 1984; H.M.O.P.No.59 of 2018; Family Court, Kanniyakumari District at Nagercoil; dismissal order dated 24.10.2024 set aside; Rs.5,000 cost condition; decision dated 17/07/2025; matter posted for reporting compliance.

What did the court decide?

Restoration of C.M.A.(MD) No.40 of 2019 to the file of the Court, conditional on the petitioner paying Rs.5,000/- as cost to the respondent/wife within one week; matter to be posted after two weeks for reporting compliance. ¶18

Rajan Vs a.Sarojini — Madras HC (2025) — LawSathi Research

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction)

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Thursday the Seventeenth day of July Two Thousand and Twenty Five

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PRESENT THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA

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CMP(MD).No.11164 of 2025 IN C.M.A.(MD)No.40 of 2019

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Rajan

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...Petitioner/Appellant

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1 A.Sarojini

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2 T.Anbu ...Respondents/Respondents

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Prayer in CMP(MD)No.11164 of 2025:

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This Civil Miscellaneous Petition is filed under Order 41 Rule 19 of Code of Civil Procedure, 1908 to set aside the order dated 24.10.2024 and to restore the main Civil Miscellaneous Appeal in CMA(MD) No.40 of 2019 on the file of this Honourable Court, which was dismissed for non prosecution by this Honourable Court.

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Prayer in CMA(MD)No.40 of 2019:

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Civil Miscellaneous Appeal is filed under Section 19 of the Family Courts Act, 1984 against the fair and executable order dated 07.09.2018 passed in H.M.O.P.No.59 of 2018 on the file of the Court of the District Judge,Family Court, Kanniyakumari District at Nagercoil.

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

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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.V.Meenakshi Sundaram, Advocate for the Petitioner and of Mr.T.Selvakumaran, Advocate for Respondent No.1, and there is no representation on behalf of the Second Respondent neither in person nor by Advocate, this Court made the following order:

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Heard the learned counsel for the petitioner and the learned counsel for the first respondent.

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For the reasons stated in the accompanying affidavit filed in support of this petition, this petition to set aside the order dated 24.10.2024 and to restore the main Civil Miscellaneous Appeal in C.M.A.(MD) No.40 of 2019, which was dismissed for non-prosecution, is allowed and C.M.A.(MD) No.40 of 2019 is restored to the file of this Court, on condition that the petitioner shall pay a sum of Rs.5,000/- (Five Thousand Rupees only) as cost to the respondent/wife within a period of one week from today.

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Post the matter after two weeks 'for reporting compliance'.

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Assistant Registrar (CS-II)

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// True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV)

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

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1.The District Judge, Family Court, Kanniyakumari District at Nagercoil.

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COPY TO:

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A.Sarojini D/o.Ayyadurai, W/o.T.Rajan, No.4/126A1, Kamaraj Colony, Erumbukadu Post, Neendakarai A Village, Agasteeswaram Taluk, Kanniyakumari District.

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