Allowed

Mrs.Vijayalakshmi v. Mrs.Salammal

Madras HC11 Jul 2017A/2852/2017

Case brief

AI extract

What is this about?

The High Court allowed an application condoning a delay of 836 days to file a petition setting aside a default dismissal order in a partition suit. The court intervened in the interest of justice due to the valuable property right at stake.

What did the court decide?

The application for condonation of delay of 836 days was allowed; the court directed the applicant to bring the petition to set aside the dismissal order up.

Mrs.Vijayalakshmi Vs Mrs.Salammal — Partition | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS (Ordinary Original Civil Jurisdiction) TUESDAY, THE 11TH DAY OF JULY 2017 THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN A.NO.2852 OF 2017 CS.NO.353 OF 2011

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C.S.NO.353 OF 2011:

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Mrs.Vijayalakshmi, W/o.P.Thandapani, No.1/7, 4^th Street, Stalin Nagar, Kattuppakkam Village, Poonamallee Taluk, Chennai-56.

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Mrs.Karpagam, W/o.Krishnan, No.4, 3^rd Street, Meenakshi Nagar, Mangadu Village, Sriperumpudur Taluk, Chennai – 116.

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3.Mrs.Padmavathi, W/o.Perumal, No.5, Jothika Nagar, 5^th Street, Chrompet, Chennai -44. .. Plaintiffs Vs. 1. Mrs.salammal, w/o.Late M.Rangan, No.4, 3^rd Street, Meenakshi Nagar, Mangadu Village, Sriperumpudur Taluk, Chennai – 116. 2. R.Thangaraj, S/o.M.Rangan, No.67/2, V.S.M.Garden, jaffarkhanpet, Guindy – Mambalam Taluk, Chennai – 95.

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S.Suresh Babu, S/o.Late Selvaraj, No.152/B, 7^th Street, NSK Nagar, Chennai-40.

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.. Defendants

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A.NO.2852 OF 2017:

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Mrs.Vijayalakshmi, W/o.P.Thandapani, No.1/7, 4^th Street, Stalin Nagar, Kattuppakkam, Chennai-56.

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Mrs.Karpagam, W/o.Krishnan, No.4, 3^rd Street, Meenakshi Nagar, Mangadu Village, Chennai – 116. 3.Mrs.Padmavathi, W/o.Perumal, No.5, Jothika Nagar, 5^th Street, Chrompet, Chennai -44. ...Applicants/ Plaintiffs Vs.

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Mrs.salammal, w/o.M.Rangan, No.4, 3^rd Street, Meenakshi Nagar, Mangadu Village, Chennai – 116.

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R.Thangaraj, S/o.M.Rangan, No.67/2, V.S.M.Garden, jaffarkhanpet, Chennai – 95.

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S.Suresh Babu, S/o. Selvaraj, No.152/B, 7^th Street, NSK Nagar, Chennai-40.

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...Respondents/Defendants

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Application praying that this Hon'ble Court be pleased to condone the delay of 836 days in filing the petition to set aside the order of dismissal for default made in suit in C.S.No.353 of 2011 dated 11.04.2014.

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This Application coming on this day before this court for hearing the court made the following order:

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This application has been filed seeking to condone the delay of 836 days in filing the application to set aside the order of dismissal for default in C.S.No.353 of 2011. The order was passed on 11.04.2014. In the affidavit filed in support of the application, it has been stated that there are three plaintiffs, the 2nd plaintiff is taking care of her aged mother, who is aged about 80 years old. The husband of the 3rd plaintiff is addicted to drinks and consequently she has go to work to look after the family. With respect to the 1st plaintiff, she has filed an affidavit, stating that she was taking treatment from 15.04.2014 to 22.07.2014 in the Hematology Department, Rajiv Gandhi Government General Hospital, Chennai.

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The suit is for partition. Taking into

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consideration that the valuable right to the property shall be lost if strict view is taken on the application, eventhough a counter affidavit has been filed opposing the reasons stated, in the interest of justice, this application is allowed.

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The learned counsel for the applicant is directed to bring up the application to set aside the order for dismissal for default dated 26.07.2017. After if it is brought up further orders with respect to the main suit will be passed.

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//Certified to be a true copy//

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Dated this the th day of 2017.

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EM/19.07.2017 COURT OFFICER

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From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.

Mrs.Vijayalakshmi v. Mrs.Salammal

Case brief

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Mrs.Vijayalakshmi v. Mrs.Salammal

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