The High Court of Madras restored an appeal (A.S.No.755 of 2005) to file by setting aside the order dated 20.01.2020, following a previous order allowing the condonation of delay.
The order dated 20.01.2020 is set aside and the appeal in A.S.No.755 of 2005 is restored to file.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Wednesday, the Sixth day of October Two Thousand Twenty One
PRESENT
THE HON`BLE MS.JUSTICE P.T.ASHA
CMP.No.16699 of 2021
in AS.No.755 of 2005
1 KRISHNASAMY (DIED) [ PETITIONERS ]
Vs
1 B.SRINIVASAN [ RESPONDENTS ]
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 20.01.2020 and restore the Appeal A.S.No.755 of 2005. (in CMP.No.16699/2021)
Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.BHAGWATH KRISHNAN, for M/S.SRINATH SRIDEVAN, Advocate for the petitioner and of MR.R.AGILESH, Advocate for the Respondents, the court made the following order:-
The above application has been filed for restoring the appeal in A.S.No.755 of 2005.
2.This Court, by order dated 28.09.2021, had allowed the application for condoning the delay of 25 days in filing the petition to set aside the dismissal order dated 20.01.2020, on being convinced with the reasons in the said affidavit. The very same reasons would apply to this petition as well. Hence, the appeal is restored back to file and the order dated 20.01.2020 is hereby set aside.
Post the appeal for arguments on 19.11.2021.
-sd/06/10/2021 / TRUE COPY /
Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO
1 THE ADDITIONAL DISTRICT JUDGE, CHIDAMBARAM
Order
in
CMP.No.16699 of 2021
in AS.No.755 of 2005
Date :06/10/2021
From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format DV(13/10/2021)
1 issue framed by the court
Whether to restore the appeal in A.S.No.755 of 2005 after setting aside the dismissal order dated 20.01.2020.
Krishnasamy (Died)
Thangasamy
N.K. Senthilvel
B. Srinivasan
Azhagamal
Kavitha
P.T. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
