Allowed

M. Durai, v. Lourdu Matha (DIED),2. Muthaiah

Madras HC15 Dec 2021CMP(MD)/9792/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed two Civil Miscellaneous Petitions. The first sought condonation of a 930-day delay in filing an application for restoration of a second appeal. The second petition sought the restoration of the second appeal, which had been previously dismissed. The court was satisfied with the reasons provided.

What did the court decide?

The Civil Miscellaneous Petitions were allowed, permitting the condonation of delay and the restoration of the Second Appeal No. 876 of 2001.

M. Durai, Vs Lourdu Matha (DIED),2. Muthaiah — Civil Procedure and Limitation | Madras HC (2021)

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CMP(MD)Nos.9792 and 9794 of 2021 S.A. No. 876 of 2001

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Civil Appellate Jurisdiction

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Wednesday,the Fifteenth day of December Two Thousand and Twenty One

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PRESENT

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THE HON`BLE MR.JUSTICE R. VIJAYAKUMAR

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CMP(MD).Nos.9792 and 9794 of 2021 in

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SA.876 of 2001

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M. Durai ... Petitioner/Appellant

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1.Lourdu Matha (Died)

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2.Muthaiah,

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3.Esakky Durai ... Respondent/Respondent

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4.Stephen, 5.Allbert ... Respondent 4 and 5/

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Proposed Respondents 4 and 5

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Prayer in CMP(MD). 9792/ 2021 :

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Pleased to condone the delay of 930 days in filing the application for Restoration of S.A. No. 876 of 2001 as against the 1^st Respondent.

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- Prayer in CMP(MD)No.9794 of 2021:

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This petition is filed under order 41, Rule 19 of C.P.C. to restore the S.A. No. 876 of 2001 as against the 1st respondents which was dismissed on 09.07.2018 and pass such further or other orders as this Honourable Court may deem fit and proper under circumstances and thus render justice.

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Prayer in SA.876 of 2001:-

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Second Appeal filed under section 100 of C.P.C., against the Judgment and Decree of the Additional Sub Judge, Tenkasi passed in A.S.No.36/1999 dated 15/9/2000 confirming the Judgment and Decree of the District Munsif, Tenkasi passed in O.S.No.100/1993 dated 11/3/1999.

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ORDER: - This Petitions coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru. S.Ramesh, Advocate for the Petitioner, this Court made the following order:

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https://hcservices.ecourts.gov.in/hcservices/

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CMP(MD)Nos.9792 and 9794 of 2021 S.A. No. 876 of 2001

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C.M.P(MD)No.9792 of 2021 has been filed to condone the delay of 930 days in filing the application for restoration of S.A.No.876 of 2001 as against the first respondent and C.M.P(MD)No.9794 of 2021 has been filed to restore the S.A.No.876 of 2001 as against the first respondent which was dismissed on 09.07.2018.

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Being satisfied with the reasons stated in these affidavits filed in the support of these petitions, these Civil Miscellaneous Petitions are allowed.

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Assistant Registrar (CS-I)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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1.The Additional Sub Judge, Tenkasi

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2.The District Munsif, Tenkasi

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Copy to:

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The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

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ORDER DATED : 15/12/2021 ========================== ORDER ==========================

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CMP(MD).Nos.9792 and 9794 of 2021 in

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SA.876 of 2001

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Giving direction and etc. as stated within. PS(CO) GC(29.12.2021) 2P 4C

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https://hcservices.ecourts.gov.in/hcservices/

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M. Durai, v. Lourdu Matha (DIED),2. Muthaiah

Case brief

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M. Durai, v. Lourdu Matha (DIED),2. Muthaiah

Case brief

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What did the court decide?

What the court decided

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