The single judge granted the petition to restore a first appeal dismissed for non-prosecution. The court noted the respondents had no objection and found the affidavit reasons satisfactory. The matter is to be posted for final hearing.
Petition to restore the appeal is ordered to be filed; matter posted for final hearing on 14.03.2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Tuesday, the Twenty First day of February Two Thousand and Seventeen
PRESENT
The Hon`ble Mr.Justice S.S.SUNDAR
CMP(MD) No.1585 of 2017
IN
AS No.640 of 1999
1 P.KALIYAPPAN 2 KARUPPIAH ... RESPONDENTS/RESPONDENTS.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith, the High Court will be pleased to restore the above first appeal A.S.640 of 1999, which was dismissed for non-prosecution on 18.6.2009.
Prayer in A.S.No.640 of 1999:
This Appeal Suit has been filed under Sec.96 of the CPC against the Judgment and decree dated 08.06.1999 made in O.S.No. 112 of 1995 on the file of the Sub Court, Karur.
ORDER: This petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof on the file of the High Court and upon hearing the arguments of M/S.E.K.KUMARESAN, Advocate for the petitioners and of M/S.SARVABHAUMAN ASSOCIATES,for the Respondents, court made the following order:-
This Petition is filed to restore the above Appeal which was dismissed for non-prosecution on 18.06.2009.
2
Sd/-
Assistant Registrar(RTI) / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO
THE SUBORDINATE JUDGE, KARUR.
Copy to:
Madurai Bench of Madras High court, Madurai.
DATED : 21/02/2017
HEARING DATE : 14/03/2017
RESTORE
CMP(MD) No.1585 of 2017 IN AS No.640 of 1999
Giving directions etc., as stated within.
AM/CM MSA/SAR-2/13.03.2017/2P/4C
1 issue framed by the court
Whether the petition under Article 226 praying to restore the first appeal dismissed for non-prosecution is maintainable.
1 provisions across 1 enactments
1 R.PALANIAPPAN - 2 V.KARUPPANNAN - 3 M.SHERFUDDEEN - 4 HAJI. SAIT M.S.MOHAMMED MEERA - 5 A.ASHRAFF ALI 6 S.M.ATHAYOUR RAHMAN 7 A.HABIBULLAH 8 M.A.BASHEER AHAME
1 P.KALIYAPPAN 2 KARUPPIAH
S.S.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
