Bench allowed CMP(MD) No.9833 of 2018 on condition of payment to Siddha Hospital to provide opportunity to appellants to put forth case, despite unsatisfactory reasons for delay.
CMP (MD) No.9833/2018 allowed on condition of payment of Rs.2,000 to Siddha Hospital.
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) No.9833 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Eleventh day of March Two Thousand and Twenty Two
PRESENT
The Hon`ble Mrs.Justice R.THARANI
CMP(MD) No.9833 of 2018 IN AS No.877 of 1997
1 P.MANIKANDAMOORTY ... PETITIONER/ PROPOSED 9th APPELLANT
1 S.P.KRISHNARAJA (DIED)
2 M.S.MURUGESAN (DIED)
3 D.KRISHNAN (DIED)
4 A.MURUGAIAH (DIED)
5 SOLAIMALAI ... APPELLANTS 1 to 5
Vs
THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMINISTRATION), DEPARTMENT, CHENNAI 600 014 ... 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 3545 days in filing petition to implead the representative of the group of the deceased 4th Appellant.
PRAYER IN AS.877/1997:
To prefer the above Memorandum of Grounds of Appeal against the Judgment and Decree dated 31.07.1997 made in O.S.No.317/92 on the file of the Principal Sub-Court, Madurai.
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 M/S.S.MANOHAR, Advocate for the petitioner, the court made the following order:-
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CMP(MD) No.9833 of 2018
Reasons stated in the petition are not satisfactory. But to give an opportunity to the appellants to put forth their case, CMP (MD).9833/2018 is allowed on condition of payment of Rs.2,000/(Rupees Two Thousand only) to the Siddha Hospital attached to this Bench on or before 28.03.2022.
Call on 29.03.2022 “for reporting compliance”
sd/11/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE PRINCIPAL SUBORDINATE JUDGE, MADURAI.
COPY TO:
THE MEDICAL OFFICER, SIDDHA HOSPITAL MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CMP(MD) No.9833 of 2018 IN AS No.877 of 1997 Date :11/03/2022
SA/PN/SAR.3/22.03.2022/2P/3C
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1 issue framed by the court
Whether to grant an opportunity to appellants to show cause regarding delay in filing petition to implead deceased appellant's representatives.
P.MANIKANDAMOORTY
SOLAIMALAI
THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
