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2025 DAILYLAW 65864 (MAD)

R.Sennimalai Gounder (Deceased) Through LRs and another v. Ms. Gandhimathi and another

SUB APPL/707/2025 · 2025-06-30

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sub Application (OS) No.707 of 2025 in Cont.P.No.448 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.06.2025 CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sub Application (OS) No.707 of 2025 in Cont.P.No.448 of 2025 R.Sennimalai Gounder (Deceased) through Lrs 1.Ganesh .. Applicant / Petitioner Vs. Gandhimathi .. Respondent/Respondent PRAYER: Sub Application filed under Section 151 of CPC to reopen the Cont.P.No.448 of 2025 which was closed on 29.04.2025 on merits after affording due opportunity to both parties. For the Petitioner : Mr.M.Yogesh Kanna For the Respondent : Mr.K.Suresh Government Advocate ORDER This Sub Application is filed on behalf of the petitioner in the Contempt Petition. https://www.mhc.tn.gov.in/judis Sub Application (OS) No.707 of 2025 in Cont.P.No.448 of 2025 2. It is submitted that on 29.04.2025, when this Hon'ble Court closed the Contempt Petition, an order dated 16.04.2025 was produced. The Contempt Petition was closed immediately thereafter, without affording the petitioner an opportunity to address the merits of the case. Further, the matter was also taken out of turn during the mentioning by the respondents. 3. Today, the learned counsel appearing on behalf of the petitioner further demonstrates, how the order dated 16.04.2025 would not amount to compliance of the order. 4. Thus, considering the over all facts and circumstances of the case and I also distinctly remember that upon producing the order dated 16.04.2025 by the learned counsel for the respondent, the Contempt Petition being closed, I am of the view that an opportunity be granted to the learned counsel for the petitioner. 5. The learned counsel for the respondent is present today and would submit that the order dated 16.04.2025 would amount to compliance of the https://www.mhc.tn.gov.in/judis Sub Application (OS) No.707 of 2025 in Cont.P.No.448 of 2025 order of this Court. 6. This may be an argument in the main Contempt Petition. Thus, I am of the considered view that the order of this Court dated 29.04.2025 in the Cont.P.No.448 of 2025 has to be recalled and accordingly, the order dated 29.04.2025 stands recalled. The Sub Application stands ordered accordingly. 7. Post the Contempt Petition for arguments on 07.07.2025. 30.06.2025 Jer D.BHARATHA CHAKRAVARTHY, J. Jer https://www.mhc.tn.gov.in/judis Sub Application (OS) No.707 of 2025 in Cont.P.No.448 of 2025 Sub Application (OS) No.707 of 2025 in Cont.P.No.448 of 2025 30.06.2025 https://www.mhc.tn.gov.in/judis