CMP(MD) No.334/2017 allowed. The Madras High Court, Madurai Bench, allowed the petition for restoration of Appeal No.51/2009, condoning the delay based on sufficient reasons provided in the affidavit, and directed calling of records for final hearing.
Petition allowed; restoration of Appeal No.51/2009 granted; records called for final hearing fixed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Nineteenth day of January Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice S.S.SUNDAR
CMP(MD) No.334 of 2017 IN AS(MD) No.51 of 2009
1 P.MEHALINGAM
2 P.CHELLA PANDIAN ... APPELLANTS/PETITIONERS/CLAIMANTS
1 SUB-COLLECTOR, PERIYAKULAM NOW AT UTHAMAPALAYAM, THENI DISTRICT.
5 VALARMATHI D/O.ARUNACHALAM (THROUGH THEIR POWER AGENT K.VEERA MANOHARAN)
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the order dated 01/03/2012 the dismissing the above Appeal No.51 of 2009 and restore the appeal to file.
Prayer in AS(MD).51/2009 :
The Appellants above named beg to prefer this Memorandum of First Appeal against the decree and Judgment dated 16.02.1993 made in LAOP.66 of 1982 on the file of the Sub Court, Periyakulam and pray for setting aside the same in toto.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of P.MEGALINGAM, Party-in-Person, the Court made the following order:-
Already this Court has condoned the delay in filing the restoration application. The petitioner has given sufficient https://hcservices.ecourts.gov.in/hcservices/ reasons for his non-appearance on 27.02.2012 and 29.02.2012. Being satisfied with the reasons given in the affidavit filed in support of this petition, this petition is allowed.
The Registry is directed to call for records from the concerned Court once again and post this Appeal for final hearing on 08.02.2017.
sd/19/01/2017 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE SUBORDINATE JUDGE, PERIYAKULAM.
msm-skn-pm/sar1/06.02.17/p2/2c
1 issue framed by the court
Whether the court was satisfied with the reasons for condoning the delay in filing the restoration application.
P.Mehalingam
P.Chella Pandian
Sub-Collector, Periyakulam
Ghana Sundaram
Anagamuthu
Maheswari
S.S.Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
