T.Hayagrivan v. Arunasalam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Thirteenth day of June Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA AND The HONOURABLE MS. JUSTICE R. POORNIMA in CMA(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/Respondents Prayer in CMP(MD). No.17489 of 2024:

Civil Miscellaneous Petition filed under order 41 Rule 19 of CPC to set aside the 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 non prosecution by this Honourable Court to the file for fresh disposal on merits and thus render justice.

Prayer in CMA(MD) No.1077 of 2024 Civil Miscellaneous Appeal filed under section 19 of the Family Court Act read with Section 47 of the Guardian and Wards Act, 1870 praying to set aside the fair 1/3

and decreetal order dated 15.07.2024 passed by the learned Family Judge,Madurai in G.W.O.P.No.1164/2022.

ORDER:- This 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.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. 2.Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3.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 appeal is restored to file.

4.List the matter for hearing on 19.06.2025. Both parties are directed to appear before this Court, without fail.

Sd/- Assistant Registrar (W) // True Copy // /2025 Sub Assistant Registrar (CS - IV) Madurai Bench of Madras High Court 2/3

TO 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

========================== 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