Legal heirs of deceased appellants sought restoration of a first appeal against a Tuticorin decree that had been dismissed as abated in 2022, citing Order XLI Rule 19 and Section 151 CPC.
Order dismissing the appeal as abated set aside and A.S.(MD)No.60/2009 restored.
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
Thursday, the Thirteenth day of February Two Thousand and Twenty Five
PRESENT
The HONOURABLE MR. JUSTICE G.R.SWAMINATHAN AND
The HONOURABLE MR. JUSTICE M. JOTHIRAMAN
CMP(MD). No.894 of 2025 in A.S.(MD)No.60 of 2009
1.Parvadammal (Died) ..1st Appellant 2.Kanthalakshmi (Died) ..2nd Appellant 3.Balamurugan ..3rd Petitioner/3rd Appellant 4. MurugaBoopahy(Died) ..4th Appellant 5. Pankajam(Died) 6. Bharathi(Died) .. 6th Appellant 7.Pasumpon . .7th Petitioner/7th Appellant 8.Subbuthai(Died) .. 8th Appellant 9. Lalitha 10.Rajeswari 11.Kala 12.Vijaya 13. Vanaja 14.Dharmagovindan ..9th to 14 petitioners/9to 14 Appellants 15. Ramakrishnan(Died) ..15th Appellant 16. Lakshmi, 17. Rajeswari 18. Pushpavali 19. Reetha 20. Filomina
..47th & 48th Petitioners/Proposed 47th & 48th Appellants Legal Heirs of Deceased 15th Appellant
-Vs-
18 Muthukarunagaran
19 Jothilakshmi
20 R.Dhanapaul
.. 21 Sathya Moorthy Respondents/Respondents
Prayer in CMP(MD)No.894 of 2025:-
This Civil Miscellanoues Petition filed Under Order 41 Rule 19 r/w Section 151 of CPC, praying to set aside the order of dismissal dismissed as abated dated 11.02.2022 and restore the above first appeal AS(MD). No. 60/2009.
Prayer in A.S(MD)No.60 of 2009:-
Appeal Suit filed Under Section 96 of Civil Procedure Code praying to set aside the judgment and decree dated 12.10.2007 made in O.S.No.105 of 2004 on the file of the Principal District Judge, Tuticorin.
ORDER:- This Civil Miscellaneous Petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon perusing the earlier dated 11.02.2022 order of this court and upon hearing the arguments of Mr.T.Mariappan, Advocate for the Petitioner and of Mr.Babu Rajendran for R2 to 6 and 9, this Court made the following order:
“This petition is allowed”.
Sd/-
Assistant Registrar (CS I) // True Copy //
/02/2025 Sub Assistant Registrar (CS – I/ II / III /IV)
TO
The Principal District Judge,
Tuticorin.
Copy to:
ORDER DATED : 13/02/2025
==========================
ORDER
========================== CMP(MD). No.894 of 2025
in
A.S.(MD)No.60 of 2009
KR/26.02.2025 5P/5C
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 first appeal A.S.(MD)No.60/2009, dismissed as abated on 11.02.2022, should be restored and the abatement order set aside under Order XLI Rule 19 read with Section 151 CPC.
2 provisions across 1 enactments
Parvadammal (Died)
Kanthalakshmi
Balamurugan
MurugaBoopahy
Pankajam
Kasipandi Devi
G.R.Swaminathan
M.Jothiraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
