The court clarified that the petitioner must pay Rs.5,000 for each of two civil miscellaneous petitions filed to condone delay. An extension of 10 days was granted for payment of cost in one of the petitions pending future receipt of the other.
Extension of 10 days granted to the petitioner to pay the cost of Rs.5,000 in CMP 8067 of 2022.
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((MD)Nos.8066 and 8067 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifth day of January Two Thousand and Twenty Three
PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CMP((MD)Nos.8066 and 8067 of 2022 in SA(MD)SR.Nos.9062 and 9063 of 2020
JOTHIMANI ... PETITIONER/APPELLANT IN BOTH PETITIONS Vs
PERIYAN (DIED)
PRAYER IN CMP((MD)No.8066 of 2022 IN SA(MD)SR.No.9062 of 2020 :
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 421 days in filing the above in second appeal.
PRAYER IN SA(MD)SR.No.9062 of 2020 :
Pleased to allow this Second Appeal and set aside the Judgment and Decree passed by the Additional Subordinate Judge, Dindigul in A.S.No.184 of 2005 dated 18.04.2012 in reversing the Judgment and Decree of Additional District Munsif, Dindigul in O.S.No.1618 of 2004 dated 28.02.2005 in decreeing the suit.
PRAYER IN CMP((MD)No.8067 of 2022 IN SA(MD)SR.No.9063 of 2020 :
To condone the delay of 421 days in filing the above in second appeal.
PRAYER IN SA(MD)SR.No.9063 of 2020 :
Pleased to allow this Second Appeal and set aside the Judgment and Decree passed by the Additional Subordinate Judge, Dindigul in A.S.No.252 of 2005 dated 18.04.2012 in modifying the Judgment and Decree of Additional District Munsif, Dindigul in O.S.No.1618 of 2004 dated 28.02.2005 in decreeing the suit.
ORDER : Thess petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.SARVAGAN PRABHU, Advocate https://www.mhc.tn.gov.in/judis
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CMP((MD)Nos.8066 and 8067 of 2022
for the petitioner in both petitions and of M/S.N.JULIET LATHA, Advocate on behalf of the Respondents in both petitions, the court made the following order:-
These matters are listed today under the caption “For clarification”.
sd/-
05/01/2023
/ TRUE COPY /
/01/2023
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
ogy
TO
+1. C.C. to M/S S.SARVAGAN PRABHU Advocate SR.No.218
ORDER IN
CMP((MD)Nos.8066 and 8067 of 2022
in
SA(MD)SR.Nos.9062 and 9063 of 2020 Date :05/01/2023
RK/BUC/SAR- (24/01/2023) 2P/4C
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1 issue framed by the court
Whether to grant extension of time to pay the cost imposed for condoning delay in filing second appeals.
JOTHIMANI
NALLAMMAL
RAMESH
SUDHAKAR
PRABHU
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
