Single judge of the Madurai Bench allowed an application to restore a dismissed civil petition for condonation of delay in re-presenting a second appeal, since respondents were duly served and listed.
The Civil Miscellaneous Petition is allowed. M.P(MD) No.1 of 2015 is restored to the file and listed for hearing on 17.04.2023.
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.3044 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Third day of April Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice ABDUL QUDDHOSE
CMP(MD) No.3044 of 2023 IN
SA(MD)SR.No.48181 of 2014
V.R.K.PALANIAPPAN ... PETITIONER/PETITIONER/ APPELLANT
Vs
WEST MAIN STREET, THANJAVUR.
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to restore the Civil Miscellaneous Petition in M.P. (MD). No. 1 of 2015 in S.A. (MD). SR. No. 48181 of 2014 which was dismissed on 15.09.2015 for non payment of cost.
PRAYER IN SA(MD)SR.No.48181/2014:
Pleased to prefers this Memorandum of second appeal as against the judgment and decree in A.S.No.26 of 2009 on the file of the Principal Subordinate Judge, Thanjavur dated 29.03.2010 in confirming the judgment and decree in O.S.No.403 of 2000 on the file of the District Munsif Court, Thanjavur dated 10.08.2006.
PRAYER IN MP(MD).1/2015 IN SA(MD)SR.No.48181/2014:
Pleased to condone the delay of 243 days in Representing the Second Appeal.
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CMP(MD) No.3044 of 2023
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.V.BALAJI, Advocate for the petitioner and of MRS.JEYA PRIYA, Government Advocate on behalf of the 4th Respondent and none appeared for the Respondents No.1 to 3 side either in person or by an advocate, the court made the following order:-
This Civil Miscellaneous Petition is filed to restore M.P(MD) No.1 of 2015 in SA(MD)Sr.No.48181 of 2014, which was filed to condone the delay of 243 days in re-presenting the Second Appeal and the said application was dismissed for default on 15.09.2015.
2. The respondents have also been duly served in this application and their names have been printed in the cause list today. Accordingly, this application is allowed as prayed for. Consequence thereof, M.P(MD)No.1 of 2015 is restored to the file of this Court. The Registry is directed to list M.P(MD)No.1 of 2015 for hearing on 17.04.2023.
sd/-
03/04/2023 / TRUE COPY /
/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. CM
TO
1 THE PRINCIPAL SUBORDINATE JUDGE, THANJAVUR.
2 THE DISTRICT MUNSIF COURT, THANJAVUR.
COPY TO:
THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN
CMP(MD) No.3044 of 2023 IN SA(MD)SR.No.48181 of 2014 Date :03/04/2023
SA/CG/SAR.4/10.04.2023/2P/4C
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1 issue framed by the court
Whether the application to restore a dismissed civil miscellaneous petition for condonation of delay can be allowed ex-parte.
V.R.K.Palaiiappan
Thanjavur Central Co-operative Bank Limited
Pudukkottai Central Co-operative Bank
The Registrar of Co-operative Societies
Abdul Qudhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
