Kalaiselvan v. Roopa

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Seventh day of August Two Thousand and Twenty Five PRESENT THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS. JUSTICE R. POORNIMA CMP(MD). No.15978 of 2024 AND CMP(MD)NO.15980 OF 2024 IN CMP(MD)NO.11958 AND 11961 OF 2024 IN CMA(MD)SR.NO.7127 AND 7128 OF 2024 Kalaiselvan ... Petitioner/Petitioner/Appellant in both petitions Vs Roopa ... Respondent/Respondent/Respondent in both petitions Prayer in CMP(MD)No.15978 and 15980 of 2024 :- These Civil Miscellaneous Petitions are filed under order 41 Rule 19 of C.P.C.,to set aside the order dated 24.09.2024 made in CMP(MD). No.11958 of 2024 in CMA(MD) SR No.7127/2024 and CMP(MD). No.11961 of 2024 in CMA(MD) SR No.7128/2024 respectively which were dismissed for non payment of batta and to restore the same.

CMP(MD)No.11958 and 11961 of 2024:- These Civil Miscellaneous Petitions are filed under order 4 Rule 9(4) of A.S.Rules, to condone the delay of 162 days in representing the C.M.A.(MD) SR.Nos.7127/2024 and C.M.A(MD)SR.NO.7128 of 2024, respectively.

Prayer in CMA(MD)SR.No.7127 and 7128 of 2024:- These Civil Miscellaneous Appeals SR.Nos7127 and 7128/2024 are filed Under Section 19 of Family Court Act,against the fair and decreetal order dated 31.10.2023 made in H.M.O.P.NO.361 of 2023 and H.M.O.P.No.383 of 2023 respectively, on the file of Family Court,Karur.

ORDER:- These Civil Miscellaneous 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.R.Devaraj, Advocate for the Petitioner and of Mr.C.Muthusaravanan, Advocate for the respondent, this Court made the following order:

The learned counsel for the petitioner submitted that as per the order of this Court dated 25/07/2025, the cost of Rs.2500/- in each case has been paid. He has also produced copy of the receipts before this Court.

2. In view of the above, Registry is directed to restore the petitions in C.M.P. (MD) Nos.11958 and 11961 of 2024 on file and list the matters in the usual Course. Sd/- Assistant Registrar (CO) // True Copy // / / 2025 Sub-Assistant Registrar (C.S - I / II/ III / IV)

TO The Judge, Family Court, Karur.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 07/08/2025 ========================== RESTORATION ========================== CMP(MD). No.15978 and 15980 of 2024 IN CMP(MD)NO.11958 AND 11961 OF 2024 IN CMA(MD)SR.NO.7127 AND 7128 OF 2024 Giving direction and etc. as stated within. CT (25/08/2025) 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023