High Court · 2025

CMP(MD). No.14384 to 14387,14389,14392 to 14396, BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTCivil Appellate JurisdictionPRESENTTHE HONOURABLE MR. JUSTICE R.VIJAYAKUMARCMP(MD). No.14384 to 14387,14389,14392 to 14396, 14399 and 14401 of 2025inMP(MD) Nos.2,2,2,3,3,3,4,4,4,5,5,5/2012inSA Nos.807 to 809 of 2001 1. Kannan (Died) 2. Thenayee Ammal (Died) ... Petitioners/Appellants 3. Dr.K.Suresh ... Petitioners/ Proposed 3rd Appellant /LR of the deceased Appellants (in all cmp's) Vs 1 Kandasamy Gounder (Died) ... Respondent/Respondent 2. Lakshmi 3 E.Kalyani ... Respondents/ Proposed Respondents 2 & 3 (in all cmp's) Prayer in CMP(MD). No.14384 of 2025 in SA NO.807 of 2001: This Petition filed under order 41 , Rule 19 and Section 151 of CPC to Restorethe Miscellaneous petition in MP(MD). No.5 of 2012 in SA No.807 of 2001, which1/9 https://www.mhc.tn.gov.in/judis CMP(MD). No.14384 to 14387,14389,14392 to 14396, was dismissed for default on 23.06.2023 and thus render justice.Prayer in CMP(MD). No.14385 of 2025 in SA NO.807 of 2001: This Petition filed under order 41 , Rule 19 and Section 151 of CPC to Restorethe Miscellaneous petition in MP(MD). No.4 of 2012 in SA No.807 of 2001, whichwas dismissed for default on 23.06.2023 and thus render justice.Prayer in CMP(MD). No.14386 of 2025 in SA NO.807 of 2001: This Petition filed under order 41 , Rule 19 and Section 151 of CPC to Restorethe Miscellaneous petition in MP(MD). No.3 of 2012 in SA No.807 of 2001, whichwas dismissed for default on 23.06.2023 and thus render justice.Prayer in CMP(MD). No.14387 of 2025 in SA NO.807 of 2001: This Petition filed under order 41 , Rule 19 and Section 151 of CPC to Restorethe Miscellaneous petition in MP(MD). No.2 of 2012 in SA No.807 of 2001, whichwas dismissed for default on 23.06.2023 and thus render justice.Prayer in CMP(MD). No.14389 of 2025 in SA NO.808 of 2001: This Petition filed under order 41 , Rule 19 and Section 151 of CPC to Restorethe Miscellaneous petition in MP(MD). No.2 of 2012 in SA No.808 of 2001, whichwas dismissed for default on 23.06.2023 and thus render justice.Prayer in CMP(MD). No.14392 of 2025 in SA NO.808 of 2001: This Petition filed under order 41 , Rule 19 and Section 151 of CPC to Restorethe Miscellaneous petition in MP(MD). No.3 of 2012 in SA No.808 of 2001, whichwas dismissed for default on 23.06.2023 and thus render justice.2/9 https://www.mhc.tn.gov.in/judis CMP(MD). No.14384 to 14387,14389,14392 to 14396, Prayer in CMP(MD). No.14393 of 2025 in SA NO.808 of 2001: This Petition filed under order 41 , Rule 19 and Section 151 of CPC to Restorethe Miscellaneous petition in MP(MD). No.4 of 2012 in SA No.808 of 2001, whichwas dismissed for default on 23.06.2023 and thusrender justice.Prayer in CMP(MD). No.14394 of 2025 in SA NO.808 of 2001: This Petition filed under order 41 , Rule 19 and Section 151 of CPC to Restorethe Miscellaneous petition in MP(MD). No.5 of 2012 in SA No.808 of 2001, whichwas dismissed for default on 23.06.2023 and thusrender justice.Prayer in CMP(MD). No.14395 of 2025 in SA NO.809 of 2001: This Petition filed under order 41 , Rule 19 and Section 151 of CPC to Restorethe Miscellaneous petition in MP(MD). No.2 of 2012 in SA No.809 of 2001, whichwas dismissed for default on 23.06.2023 and thusrender justice.Prayer in CMP(MD). No.14396 of 2025 in SA NO.809 of 2001: This Petition filed under order 41 , Rule 19 and Section 151 of CPC to Restorethe Miscellaneous petition in MP(MD). No.3 of 2012 in SA No.809 of 2001, whichwas dismissed for default on 23.06.2023 and thusrender justice.3/9 https://www.mhc.tn.gov.in/judis CMP(MD). No.14384 to 14387,14389,14392 to 14396, Prayer in CMP(MD). No.14399 of 2025 in SA NO.809 of 2001: This Petition filed under order 41 , Rule 19 and Section 151 of CPC to Restorethe Miscellaneous petition in MP(MD). No.4 of 2012 in SA No.809 of 2001, whichwas dismissed for default on 23.06.2023 and thusrender justice.Prayer in CMP(MD). No.14401 of 2025 in SA NO.809 of 2001: This Petition filed under order 41 , Rule 19 and Section 151 of CPC to Restorethe Miscellaneous petition in MP(MD). No.5 of 2012 in SA No.809 of 2001, whichwas dismissed for default on 23.06.2023 and thusrender justice.Prayer in MP(MD) No. 2 of 2012 in SA NO.807 of 2001:This petition filed under Order 41 Rule 19 of CPC to set aside the order passedin S.A. No.807 of 2001 which was dismissed for default on 26.06.2008 and to restorethe same .Prayer in MP(MD) No. 3 of 2012 in SA NO.807 of 2001:This petition filed Under Sections 5 of Limitation Act to condone the delay of2461 days in presenting the petition to set aside the abetment caused due to thedeath of the 1st Appellant Mr.Kannan in S.A.No.807 of 2001.Prayer in MP(MD) No. 4 of 2012 in SA NO.807 of 2001:This petition filed Under Order 22 Rule 9 of CPC to set aside the abatementcaused due to the death of the 1st Appellant Mr.Kannan in S.A.No.807 of 2001.4/9 https://www.mhc.tn.gov.in/judis CMP(MD). No.14384 to 14387,14389,14392 to 14396, Prayer in MP(MD) No. 5 of 2012 in SA NO.807 of 2001:This petition filed Under Order 22 Rule 3 of CPC to BRING ON RECORD the3rd petitioner as legal heir of the deceased 1st appellant and rank him as 3rd Appellantin S.A.No.807 of 2001.Prayer in MP(MD) No. 2 of 2012 in SA NO.808 of 2001:This petition filed under Order 41 Rule 19 of CPC to set aside the order passedin S.A. No.808 of 2001 which was dismissed for default on 26.06.2008 and to restorethe same .Prayer in MP(MD) No. 3 of 2012 in SA NO.808 of 2001:This petition filed Under Sections 5 of Limitation Act to condone the delay of2461 days in presenting the petition to set aside the abetment caused due to thedeath of the 1st Appellant Mr.Kannan in S.A.No.808 of 2001.Prayer in MP(MD) No. 4 of 2012 in SA NO.808 of 2001:This petition filed Under Order 22 Rule 9 of CPC to set aside the abatementcaused due to the death of the 1st Appellant Mr.Kannan in S.A.No.808 of 2001.Prayer in MP(MD) No. 5 of 2012 in SA NO.808 of 2001:This petition filed Under Order 22 Rule 3 of CPC to BRING ON RECORD the3rd petitioner as legal heir of the deceased 1st appellant and rank him as 3rd Appellantin S.A.No.808 of 2001.5/9 https://www.mhc.tn.gov.in/judis CMP(MD). No.14384 to 14387,14389,14392 to 14396, Prayer in MP(MD) No. 2 of 2012 in SA NO.809 of 2001:This petition filed under Order 41 Rule 19 of CPC to set aside the order passedin S.A. No.809 of 2001 which was dismissed for default on 26.06.2008 and to restorethe same .Prayer in MP(MD) No. 3 of 2012 in SA NO.809 of 2001:This petition filed Under Sections 5 of Limitation Act to condone the delay of2461 days in presenting the petition to set aside the abetment caused due to thedeath of the 1st Appellant Mr.Kannan in S.A.No.809 of 2001.Prayer in MP(MD) No. 4 of 2012 in SA NO.809 of 2001:This petition filed Under Order 22 Rule 9 of CPC to set aside the abatementcaused due to the death of the 1st Appellant Mr.Kannan in S.A.No.809 of 2001.Prayer in MP(MD) No. 5 of 2012 in SA NO.809 of 2001:This petition filed Under Order 22 Rule 3 of CPC to BRING ON RECORD the3rd petitioner as legal heir of the deceased 1st appellant and rank him as 3rd Appellantin S.A.No.809 of 2001.Prayer in SA No.807/2001: Second Appeal filed under Section 100 of C.P.C., against the judgment anddecree of the II Additional District Judge, Tiruchirappalli dated 08.12.1998 made inAppeal Suit No.75 of 1998 reversing the judgment and decree of the SubordinateCourt, Kulithalai, dated 30.09.1997 made in Original Suit No.80 of 1997. 6/9 https://www.mhc.tn.gov.in/judis CMP(MD). No.14384 to 14387,14389,14392 to 14396, Prayer in SA No.808/2001: Second Appeal filed under Section 100 of C.P.C., against the judgment anddecree of the II Additional District Judge, Tiruchirappalli dated 08.12.1998 made inAppeal Suit No.74 of 1998 reversing the judgment and decree of the SubordinateCourt, Kulithalai, dated 30.09.1997 made in Original Suit No.82 of 1997. Prayer in SA No.809/2001: Second Appeal filed under Section 100 of C.P.C., against the judgment anddecree of the II Additional District Judge, Tiruchirappalli dated 08.12.1998 made inAppeal Suit No.76 of 1998 reversing the judgment and decree of the SubordinateCourt, Kulithalai, dated 30.09.1997 made in Original Suit No.83 of 1997. ORDER:- These Petitions coming on for orders on this day and upon perusing thepetition and the affidavit filed in support thereof and upon hearing the arguments ofMr.H.Arumugam, Advocate for the Petitioner this Court made the following order: Being satisfied with the reason stated in the affidavits filed in support of thesepetitions, these petitions stand allowed.2. The Registry is directed to restore the Civil Miscellaneous Petitions.Sd/-Assistant Registrar ( C.S. II ) // True Copy // / /2025Sub Assistant Registrar ( CS – I / II / III / IV )7/9 https://www.mhc.tn.gov.in/judis CMP(MD). No.14384 to 14387,14389,14392 to 14396, To1.The II Additional District Judge, Tiruchirappalli.2.The Subordinate Judge, Kulithalai. Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.8/9 https://www.mhc.tn.gov.in/judis CMP(MD). No.14384 to 14387,14389,14392 to 14396, ORDER DATED : 29/08/2025 ========================== ORDER ========================== CMP(MD). Nos.14384 to 14387, 14389,14392 to 14396,14399 and 14401 of 2025 in SA Nos.807 to 809 of 2001 Giving direction and etc. as stated within. SB/10.09.2025/9P/4CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 9/9