Judgment · High Court
Case at a glance
Outcome
Allowed
For the reasons stated in the accompanying affidavit filed in support of thePetition and on being satisfied with the same, this Petition is allowed and the appealis restored to file
Provisions considered
- Code of Civil Procedure, 1908 O. 41 r. 19
- Guardian and Wards Act, 1870 s. 47
Key paragraphs
- Para 33. For the reasons stated in the accompanying affidavit filed in support of the Petition and on being satisfied with the same, this Petition is allowed and the appealis restored to file.
Judgment
Cause title
CMP(MD). No.17489 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTCivil Appellate JurisdictionFriday, the Thirteenth day of June Two Thousand and Twenty FivePRESENTThe HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRAANDThe HONOURABLE MS. JUSTICE R. POORNIMACMP(MD). No.17489 of 2024inCMA(MD)No.1077 of 2024 T.Hayagrivan ... Petitioner
/Appellant Vs 1 Arunasalam 2 Minor. Govardhini Nachiyar, Daughter of T. Hayagrivan (Minor Rep.by S.Arunasalam 1st Respondent herein ) 3 S.Parvathy 4 Boothpandian ... Respondents
/RespondentsPrayer in CMP(MD). No.17489 of 2024: Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC to set asidethe order dated 03.10.2024 and restore the Civil Miscellaneous Appeal in CMA(MD).No.1077 of 2024 on the file of this Honourable Court, which was dismissed for nonprosecution by this Honourable Court to the file for fresh disposal on merits andthus render justice. Prayer in CMA(MD) No.1077 of 2024 Civil Miscellaneous Appeal filed under section 19 of the Family Court Act readwith Section 47 of the Guardian and Wards Act, 1870 praying to set aside the fair1/3 https://www.mhc.tn.gov.in/judis CMP(MD). No.17489 of 2024and decreetal order dated 15.07.2024 passed by the learned Family Judge, Madurai inG.W.O.P.No.1164/2022.
ORDER:-
This Petition coming on for orders on this day and upon perusing thepetition and the affidavit filed in support thereof and upon hearing the arguments ofMr.J.Jeyakumaran, Advocate for the Petitioner and of Mr.K.Navaneetha Raja, Advocate for the respondents this Court made the following order: This petition is filed to set aside the order dated 03.10.2024 passed in C.M.A(MD)No.1077 of 2024 by this Court and restore the aforesaid appeal.
Heard the learned counsel appearing for the petitioner and the learnedcounsel appearing for the respondent.
Operative part
For the reasons stated in the accompanying affidavit filed in support of the Petition and on being satisfied with the same, this Petition is allowed and the appealis restored to file.
List the matter for hearing on 19.06.2025. Both parties are directed to appearbefore this Court, without fail. Sd/-Assistant Registrar (W)// True Copy // /2025Sub Assistant Registrar (CS – IV)Madurai Bench of Madras High Court2/3 https://www.mhc.tn.gov.in/judis CMP(MD). No.17489 of 2024TO The Judge, Family Court, Madurai. Copy to: 1. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. 2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. ORDER DATED : 13/06/2025 ========================== ORDER ========================== CMP(MD). No.17489 of 2024 in CMA(MD)No.1077 of 2024 Giving direction and etc. as stated within. AVK/17.06.2025 3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: For the reasons stated in the accompanying affidavit filed in support of thePetition and on being satisfied with the same, this Petition is allowed and the appealis restored to file
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. 41 r. 19; Guardian and Wards Act, 1870 — s. 47.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.