R.Murugesan v. Malathy
Case brief
What is this about?
The Court allowed two consecutive petitions seeking to condone delay and set aside an ex-parte judgment in a specific performance suit. The Court granted a final opportunity to the petitioner to defend the appeal upon payment of costs.
What did the court decide?
Petitions allowed subject to the payment of costs of Rs. 5,000 to the respondents within two weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction )
Tuesday, the Twenty Sixth day of April Two Thousand Twenty Two
PRESENT
THE HON`BLE MRS.JUSTICE S.KANNAMMAL
CMP.NOs.1752 AND 1755 OF 2022
IN AS.NO.823 OF 2012
R.MURUGESAN [PETITIONER IN BOTH THE PETITIONS]
Vs
1 MALATHY [RESPONDENTS IN BOTH THE PETITIONS]
2 THE SUB REGISTRAR
SUB REGISTRAR OFFICE, GINEE TALUK, VILLAGE AND DISTRICT.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 776 days in filing application to set aside the exparte Judgement and Decree dated 22.11.2019 passed in AS.No.823 of 2012 on the file of this Hon`ble court (CMP.NO.1752/2022) and;
Issues for consideration
3 issues framed by the court
Whether the delay of 776 days in filing an application to set aside an ex-parte judgment can be condoned when the petitioner claims lack of notice.
Whether the petitioner should be granted a final opportunity to defend the appeal before dismissing the petitions.
Whether costs must be paid as a condition for allowing the Miscellaneous Civil Petitions.
Parties & counsel
- petitioner
R.MURUGESAN
- respondent
MALATHY
Coram
S.KANNAMMAL
Case details
As recorded by the court registry
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