Allowed

Shenbagam @ Ayyasamy Kone (Died), 2.K.Periyasamykone v. the Special Tahsildar

Madras HC10 Nov 2023CMP(MD)/15365/2023

Case brief

AI extract

What is this about?

The Court allowed a Civil Miscellaneous Petition to set aside an order dismissing a First Appeal for default. The petition sought restoration of the appeal filed by the respondents against the Special Tahsildar and the State against the award in Land Acquisition proceedings. Upon hearing, the court was satisfied with the reasons provided in the affidavit.

What did the court decide?

The Civil Miscellaneous Petition is allowed and the Registry is directed to restore the First Appeal dismissed for default against the respondents.

Shenbagam @ Ayyasamy Kone (Died), 2.K.Periyasamykone Vs the… — Land Acquisition | Madras HC (2023)

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CMP(MD) No.15365 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Friday, the Tenth day of November Two Thousand and Twenty Three

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PRESENT

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The Hon`ble Mrs.Justice L. VICTORIA GOWRI

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CMP(MD) No.15365 of 2023

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AS(MD)No. 11 of 2010

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1 SHENBAGAM @ AYYASAMY KONE (DIED),

2 K.PERIASAMY KONE

3 M.SETHU

4 M.RAMACHANDRAN

5 M.MURUGAN

6 M.KANNAN

7 M.ARUMUGAM

8 PALANIAMMAL

9 LATHA

10 KRISHNAVENI

11 CHANDRA

12 BHAKKIAM https://www.mhc.tn.gov.in/judis

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CMP(MD) No.15365 of 2023

13 SARASWATHI

14 GOPAL

15 A.PALANISAMY

16 LAKSHMI AMMAL

17 RADHAKRISHNAN (DIED)

18 MOHAN (DIED)

19 KAVITHA

20 SANJEEVI

21 MINOR.HARIS RAJAN

(PETITIONER 21 REPRESENTED BY HIS MOTHER/NATURAL GUARDIAN THROUGH 19^th PETITIONER)

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22 SUKITHA

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23 LINGESH

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...PETITIONERS/APPELLANTS

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(PETITIONER 23 REPRESENTED BY HIS MOTHER/NATURAL GUARDIAN THROUGH 22^nd PETITIONER)

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1 THE SPECIAL TAHSILDAR (LAND ACQUISITION), RING ROAD SCHEME, MADURAI NORTH TALUK,MADURAI.

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2 T.SRINIVASAN

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CMP(MD) No.15365 of 2023

3 D.KAYAMBUKONE

4 K.AYYANAR

5 D.K.SHANBAGAM

6 P.K.RAJU

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7 S.THANNAPPAKONE

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8 T.NEELAMEGAM,

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9 T.KANNIAH

10 K.KARUPPA KONE

11 S.R.PERIYASAMY

12 S.CHINNASAMY

13 A.SHENBAGAM

14 S.RAMIAH

15 PONNAMMAL

16 A.VELLAITHAI

17 A.SELVARAJAN

18 D.THANGAMANI

19 P.CHANDRASEKAR

20 P.SHENBAGAMOORTHI

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CMP(MD) No.15365 of 2023

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21 VELLAIAMMAL

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22 LATHARANI ... RESPONDENTS/RESPONDENTS

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Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside of the order 16.12.2011 and restore the above appeal which was dismissed for default against the respondents 1 and 5 in A.S.No.11 of 2010.

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PRAYER IN AS(MD)No. 11 of 2010:

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To set aside award dated 28.01.2009 made in L.A.O.P No. 149 of 1990 on the file of the Additional District Judge -cum- Fast Track Court No.2, Madurai and allow the above first appeal.

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ORDER : This Civil Miscellaneous Petition 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.I.VELPRADEEP, Advocate for the petitioners and of MR.J.BARATHAN, Advocate for the Respondents 2 to 4, 6 to 9 and 11 to 22, the court made the following order:-

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This petition is filed to set aside the order dated 16.12.2011 and restore the

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appeal which was dismissed for default against the respondents 1 and 5 in A.S.No. 11 of 2010.

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Heard both sides.

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Being satisfied with the reasons stated in the accompanying affidavit, this

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petition is allowed. Registry is directed to restore the First Appeal, which was dismissed for default against the respondents 1 and 5.

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CMP(MD) No.15365 of 2023

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Post the main case on 14.12.2023.

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sd/10/11/2023 / TRUE COPY /

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/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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CP TO

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THE ADDITIONAL DISTRICT JUDGE CUM FAST TRACK COURT NO.2, MADURAI.

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COPY TO THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER IN CMP(MD) No.15365 of 2023 in AS(MD)No. 11 of 2010 Date :10/11/2023

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PKP/VRS/SAR- /27.11.2023/ 5P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

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Shenbagam @ Ayyasamy Kone (Died), 2.K.Periyasamykone v. the Special Tahsildar

Case brief

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Shenbagam @ Ayyasamy Kone (Died), 2.K.Periyasamykone v. the Special Tahsildar

Case brief

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What did the court decide?

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