The Madras High Court allowed conservation petitions filed against earlier orders dismissing second appeals for default and non-payment of costs, as the respondent had no serious objections to such relief.
Petitions allowed; earlier orders dismissing conservation petitions set aside; matter listed for further proceedings.
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.12524/2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Twenty Seventh day of January Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice S.SOUNTHAR
CMP(MD)Nos.12524, 12525 & 12523 of 2022
in SA(MD)Nos.639, 640 & 641 OF 2010
1 R.PANDURANGAN (DIED)
2.P.MUTHULAKSHMI,
3 RAMANARAYANAN,
4 NATCHIAR,
Vs
A.PONNIAN ... RESPONDENT/RESPONDENT IN ALL PETITIONS
Prayer in CMP(MD)No.12524/2022 IN SA(MD)No.639 of 2010:
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order dated 27-08-2020 dismissing the CMP(MD). No.8640 of 2016 in SA(MD).No.639 of 2010 on the file of this Honourable Court for default and non -payment of cost.
PRAYER IN SA(MD)No.639 of 2010:
Pleased to set aside the judgment and decree dated 11.11.2009 made in A.S.No. 160 of 2007 on the file the Subordinate Judge, Valliyoor reversing the judgment and decree dated 25.04.2007 made in O.S.No.321 of 2004 on the file of the Additional District Munsif, Nanguneri and allow this second appeal .
Prayer in CMP(MD)No. 12525/ 2022 IN SA(MD)No.640 of 2010: To set aside the order dated 27/08/2020 dismissing the CMP (MD).No.8643 of 2016 in SA(MD).No.640 of 2010 on the file of this Honourable Court for non -payment of cost.
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CMP(MD)No.12524/2022
PRAYER IN SA(MD)No.640 of 2010:
Pleased to set aside the judgment and decree dated 11.11.2009 made in A.S.No. 163 of 2007 on the file the Subordinate Judge, Valliyoor reversing the judgment and decree dated 25.04.2007 made in O.S.No.320 of 2004 on the file of the Additional District Munsif, Nanguneri and allow this second appeal.
Prayer in CMP(MD). 12523/ 2022 in SA(MD)No.641 of 2010:
To set aside the order dated 27-08-2020 dismissing the CMP (MD).No.8646 of 2016 in SA(MD).No.641 of 2010 on the file of this Honourable Court for non -payment of cost .
PRAYER IN SA(MD)No.641 of 2010:
Pleased to set aside the judgment and decree dated 11.11.2009 made in A.S.No. 161 of 2007 on the file the Subordinate Judge, Valliyoor reversing the judgment and decree dated 25.04.2007 made in O.S.No.280 of 2004 on the file of the Additional District Munsif, Nanguneri and allow this second appeal.
ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.S.SRINIVASA RAGHAVAN, Advocate for the petitioner in all petitions and of MR.H.ARUMUGAM, Advocate on behalf of the Respondent in all petitions, the court made the following order:-
The respondent has no serious objections for allowing these petitions.
Hence, these petitions are allowed.
Registry is directed to number the petitions filed for extension of time in S.R.Nos.68418, 68421 & 68424/2022 and list the matter on 31/01/2023.
sd/27/01/2023 / TRUE COPY / /01/2023
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
VSD
TO
1 THE SUBORDINATE JUDGE,VALLIYOOR.
2 THE ADDITIONAL DISTRICT MUNSIF, NANGUNERI.
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COPY TO THE SECTION OFFICER JUDICIAL SECTION MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.
CMP(MD)No.12524/2022
ORDER IN CMP(MD)Nos.12524, 12525 & 12523 of 2022 in SA(MD)Nos.639, 640 & 641 OF 2010 Date :27/01/2023 PKP/VR/SAR-3/30.01.2023/3P/4C
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1 issue framed by the court
Whether to set aside orders dismissing conservation petitions for non-payment of costs.
R.PANDURANGAN (DIED) and others
A.PONNIAN
S.SOUNTAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
