The Madurai Bench allowed a petition to condone a 1781-day delay in restoring a default-dismissed appeal, granting one more chance to explain the delay conditioned upon payment of Rs. 10,000.
Delay of 1781 days in restoring the appeal condensed upon payment of Rs. 10,000.
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CMP(MD) No.430 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Monday, the Twenty First day of February Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.430 of 2018 IN
AS No.1172 of 1993
THIRUMALAISAMY REDDIAR(DECEASED)
BY HIS LEGAL HEIRS,
12 KESAVA RENGASAMY ... PETITIONERS/ PETITIONERS/ PROPOSED APPELLANTS
Vs
B.J.S.MAHENDRA SINGH ... RESPONDENT/ RESPONDENT/ RESPONDENT/ RESPONDENT
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 1781 days caused in filing the petition to restore the M.P.No.1/2007 in M.P.S.R.50361/2006 in AS.No.1172/1993 which was dismissed for default on 30.4.2008 to the file of this Honourable Court and thus render justice.
PRAYER IN AS No.1172 of 1993:
To prefer this Memorandum of Regular appeal against the judgment and decree in O.S.No.17 of 1990 on the file of the court of the Principal Subordinate Judge, Dindigul and dated 23.02.1993.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.RAMESH, Advocate for the petitioners, the court made the following order:-
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CMP(MD) No.430 of 2018
The delay of 1781 days was not properly explained. But one more chance is given to the petitioner to put up his else.
Accordingly, this petition is allowed on payment of cost of Rs.10,000/-(Rupees Ten Thousand only) on or before 28.02.2022 payable to the Siddha Hospital attached to this Bench.
For reporting compliance, call on 03.03.2022.
sd/21/02/2022 / TRUE COPY / / /2022
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE PRINCIPAL SUBORDINATE JUDGE, DINDIGUL.
COPY TO: THE OFFICER INCHARGE, SIDDHA HOSPITAL, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
pnn MS/JM/SAR-2/23.02.2022/2P.3C
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1 issue framed by the court
Whether to condone the delay of 1781 days in filing the petition to restore the appeal regarding default dismissal.
Thirumalaисамы Reddiar (deceased) by his legal heirs
B.J.S. Mahendra Singh
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
