Court allowed condonation of delay petitions filed by Thiruverkadu Municipality under Section 151 CPC and Section 5 of the Limitation Act, granting time to file appeals against a prior common order.
The miscellaneous petitions standing allowed and appeals treated as within time.
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.
CMP.Nos.6249 & 6257 of 2020 and CMP.Nos.SR 117525 & 117523 of 2019 in WA.Nos.SR 112224 & 112223 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2020
CORAM :
The Hon'ble Mr.A.P.SAHI, THE CHIEF JUSTICE AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
CMP.Nos.6249 & 6257 of 2020 and
CMP.Nos.SR 117525 & 117523 of 2019
in WA.Nos.SR 112224 & 112223 of 2019
The Thiruverkadu Municipality,
Rep. by its Commissioner,
Thiruverkadu Municipality,
Thiruverkadu. .. Petitioner in all CMPs.
-vs-
K.Obaiah .. Respondent in CMP.6249 of
2020 & CMP.SR.117525/19
M.Malakondaiya .. Respondent in CMP.6257 of
2020 & CMP.SR.117523/19
CMPs.6249 & 6257 of 2020 filed under Section 151 CPC to condone the delay of 111 days in re-presentation and CMPs.SR. 117525 and 117523 of 2019 filed under Section 5 of the Limitation Act to condone the delay of 61 days in filing the appeals against the common order dated 12.06.2019 passed in W.P.Nos.3870 and 3871 of 2014 on the file of this Court.
Page 1 of 3
CMP.Nos.6249 & 6257 of 2020 and CMP.Nos.SR 117525 & 117523 of 2019 in WA.Nos.SR 112224 & 112223 of 2019
For Petitioner : Mr.R.Mohandoss
For Respondents / : Mr.G.Chamki Raj
Caveators
ORDER
(Order of the Court was passed by The Hon'ble Chief Justice)
Having heard learned counsel for the parties and sufficient cause
having been shown for the delay in re-presentation as well as for the
delay in filing of the appeals, the miscellaneous petitions stand
allowed.
The appeals shall be treated to be within time and be given the
regular number.
(A.P.S., CJ.) (S.K.R., J.)
21.08.2020
sra
The Hon'ble Chief Justice
Page 2 of 3
CMP.Nos.6249 & 6257 of 2020 and CMP.Nos.SR 117525 & 117523 of 2019 in WA.Nos.SR 112224 & 112223 of 2019
and Senthilkumar Ramamoorthy, J.
(sra)
CMP.Nos.6249 & 6257 of 2020 and
CMP.Nos.SR 117525 & 117523 of 2019
in WA.Nos.SR 112224 & 112223 of 2019
21.08.2020
Page 3 of 3
1 issue framed by the court
Whether sufficient cause was shown to condone the delay in re-presentation and filing appeals.
2 provisions across 2 enactments
THE THIRUVERKADU MUNICIPALITY
K.OBAIAH
M.MALAKONDAIYA
A.P.SAHI
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
