Madras High CourtCMP(MD)/18305/2025dismissed

C.Seethalakshmi v. V.Arjunan

2026-02-13Honourable Mr Justice G.K. Ilanthiraiyan,Honourable Ms.Justice R. Poornima3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) No. 18305 of 2023 in CMP(MD) No.15766 of 2024 in CMA(MD) No.221 of 2016 C.Seethalakshmi .......

Petitioner Vs.

V.Arjunan .....Respondent Prayer : Petition filed under Order 41 Rule 19 of CPC to set aside the order dated 09.01.2025 in CMP No.15766 of 2024 in CMA(MD) No.221 of 2016 and to restore the same for hearing on the side of the petitioner. For Petitioner : Mr.P.Ramachamy For Respondent : Mrs.Seeni Syed Amma for M/s.Roy and Roy Associates

ORDER

(Order of the Court was made by G.K.ILANTHIRAIYAN,J.) This petition has been filed to to set aside the order dated 1/3

09.01.2025 in CMP No.15766 of 2024 in CMA(MD) No.221 of 2016 and to restore the same for hearing on the side of the petitioner.

2. The respondent filed appeal before this Court in CMA(MD) No. 221 of 2026 as against the fair and decreetal order dated 12.03.2025 in HMOP No.433 of 2014 on the file of the Family Court, Tirunelveli. The appeal was allowed by this Court on 15.09.2022. Thereafter the respondent in the appeal namely the petitioner herein filed a petition to recall the fair and decreetal order passed by this Court dated 15.09.2022 in CMA(MD) No.221 of 2016 which was dismissed on 09.01.2025 on the ground that this Court finds no ground to recall the order passed by this Court. Now the petitioner has filed this petition to set aside the the order dated 09.01.2025 in CMP No.15766 of 2024 in CMA(MD) No.221 of 2016.

3. It is also unheard of that the petitioner repeatedly filing the petition to set aside the judgment and decree passed by this Court in CMA(MD) No.221 of 2016 which was dismissed by this Court. Once the petitioner filed a petition to set aside the order passed. Now the petitioner again filed this petition to recall the order passed by this Court in 2/3

CMP(MD) No.15766 of 2024. This petition is not at all maintainable and is liable to be dismissed with exemplary costs.

4. In view of the same, the Civil Miscellaneous Petition stands dismissed. The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as costs to the credit of Women Advocates Association, Madurai Bench of Madras High Court (Account No:6477041768, IFSC Code:- IDIB00H040, Indian Bank, High Court Branch, Madurai) for the purpose of maintaining Creche within a period of three days from the date of receipt of a copy of this order.

5. Post the matter on 20.02.2026 'For reporting compliance' [G.K.I.,J] & [R.P.,J] 13.02.2026 aav Note: Issue order copy on 18.02.2026 3/3