This second hearing addressed compliance with an order requiring the appellant to deposit Rs. 25,000 to proceed with a civil miscellaneous appeal regarding a long-pending partition suit. The appellant failed to deposit the amount, resulting in the dismissal of the appeal.
The Civil Miscellaneous Appeal is dismissed for non-payment of costs of Rs. 25,000.
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C.M.A.No.1327 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2023
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI
C.M.A.No.1327 of 2018
Suriyakala
… Appellant
-vs-
1.M.Atchiammal
3.K.M.Kannan
6.K.M.Chinnadurai ... Respondents
Prayer:- Civil Miscellaneous Appeal filed under Order 43 Rule 1 (C) of Code of Civil Procedure, to set aside the fair and decretal order dated 28.02.2018 made in IA.No.410 of 2017 in O.S.No.197/2016 on the file of the learned Second Additional District and Sessions Court, Erode.
For Appellant : Mr.N.S.Suganthan For Respondent : No appearance
JUDGMENT
This appeal has been filed to set aside the fair and decretal order dated
28.02.2018 made in IA.No.410 of 2017 in O.S.No.197/2016 on the file of the
learned Second Additional District and Sessions Court, Erode.
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C.M.A.No.1327 of 2018
of the judgment is as follows:
''7. However, it is the duty of the party to follow up the case and to give suitable instructions to the counsel. However, in order to give an opportunity to the appellant/plaintiff, the appeal is allowed on payment of costs of Rs.25,000/- to the Hon'ble chief Justice Relief Fund.
8. The above payment of costs of Rs.25,000/- shall be paid on or before 09.10.2023, failing which, the appeal shall stand dismissed automatically without any further interference. In case amount is deposited, the trial Court is directed to take effective steps to dispose of the suit within a period of six months from thedate of receipt of a copy of this order, since the suit for partition is pending from the year 2016. The learned counsel for the appellant/plaintiff is directed to take steps for service of notice to the 5th defendant/5th respondent in accordance with law.
9. List the appeal on 10.10.2023 in the caption ''for reporting compliance''
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appellant/plaintiff, on instructions, submitted that she is not in a position to pay
cost and seeks some more time to comply with the order.
order of this Court. Hence, this Court is inclined to dismiss the appeal and accordingly, the same is dismissed. No costs.
20.11.2023
Rli Index: Yes/No NCS : Yes/No
To
The Second Additional District and Sessions Judge, Erode.
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C.M.A.No.1327 of 2018
M.DHANDAPANI, J.
Rli
C.M.A.No.1327 of 2018
20.11.2023
4/4
3 issues framed by the court
Whether the Civil Miscellaneous Appeal should be allowed when the appellant failed to deposit the required costs of Rs. 25,000.
Whether the trial court should be directed to dispose of the partition suit within six months if costs were deposited.
Whether the appeal should be dismissed due to non-compliance with the earlier order regarding payment of costs.
1 provisions across 1 enactments
Suriyakala
1.M.Atchiammal
2. K.M.Rajendiran
3.K.M.Kannan
4. K.Lavanya
5. K.Aswinkumar
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
