Allowed

Palanichamypillai (Died), Meena v. Alagarsamy

Madras HC29 Mar 2023CMP(MD)/3934/2023

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court, in CMP(MD) No.3934 of 2023, allowed the petitioner’s application to condone a 377-day delay in filing the second appeal (SA(MD) No.SR36001 of 2020), conditioned upon the deposit of Rs.1,000/-.

What did the court decide?

The Civil miscellaneous petition allowing condonation of delay is allowed on condition that the petitioner deposits Rs.1,000/- to the specified account.

Palanichamypillai (Died), Meena Vs Alagarsamy — Civil Procedure and Limitation | Madras HC (2023)

¶1

¶2

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

¶3

Wednesday, the Twenty Ninth day of March Two Thousand and Twenty Three

¶4

PRESENT

¶5

The Hon`ble Mr.Justice ABDUL QUDDHOSE

¶6

CMP(MD) No.3934 of 2023 in SA(MD)No.SR36001 of 2020

¶7

PALANICHAMYPILLAI (DIED)

¶8

MEENA

¶9

... PETITIONER/PETITIONER

1 ALAGARSAMY

2 RENGASAMY

3 PONRAJ ... RESPONDENTS/RESPONDENTS

¶14

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 377 days in filing the second appeal in SA(MD).SR.No.36001 of 2020.

¶15

PRAYER in SA(MD)No.SR36001 of 2020:

¶16

Pleased to set aside the Decree and Judgment dated 27.09.2019 passed in A.S.No.14 of 2019 by the Subordinate Judge, Aruppukottai in confirming the Decree and Judgment dated 28.11.2018 passed in O.S.No.224 of 2008 by the Principal District Munsif Court, Aruppukottai and by allowing the Second Appeal.

¶17

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 Mr.A.SRINIVASAN, Advocate for the petitioner, the Court made the following order:-

¶18

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 377 days in representing the Second Appeal in S.A.(MD)No.SR36001 of 2020.

¶19

2. This Court is satisfied with the reasons contained in the affidavit filed in support of this application seeking to condone the delay of 377 days in representing the Second Appeal. https://www.mhc.tn.gov.in/judis Accordingly, this Civil Miscellaneous Petition is allowed on condition that the petitioner / appellant deposits a cost of

¶20

¶21

Rs.1,000/- (Rupees One Thousand only) to the credit of DIST SIDDHA MEDICAL OFFICER CCRI PKM, A/c No : 10767823177, IFSC Code: SBIN0000898, MICR Code : 625002601, Branch : SBI Periyakulam, on or before 31.03.2023. It is made clear that if the aforesaid amount is not paid within the stipulated time, this application shall stand automatically dismissed.

¶22

3. Registry is directed to number the Second Appeal, once the proof for payment of the cost is produced by the petitioner / appellant that she has paid the amount within the stipulated time as stated supra and if it is otherwise in order and list the same for Admission.

¶23

Madurai Bench of Madras High Court,

¶24

¶25

1 THE SUBORDINATE JUDGE ARUPPUKOTTAI

¶26

2 THE PRINCIPAL DISTRICT MUNSIF, ARUPPUKOTTAI.

¶27

COPY TO:

¶28

THE DISTRICT SIDDHA MEDICAL OFFICER CCRI PKM, Periyakulam

¶29

¶30

SA(MD)No.SR36001 of 2020

¶31

SS/BUC/SAR I/30/03/2023/2P/4C

¶32

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

Palanichamypillai (Died), Meena v. Alagarsamy

Case brief

What is this about?

What did the court decide?

Palanichamypillai (Died), Meena v. Alagarsamy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Thangasamy Vs the India Cement Company Limited

Lazar Vs T. Karthikeyan

Rev. Daniel G.Rajasekaran Vs R.Selvarajan

Valliammal, Vs Ponnusamy Thevar

J. Michael Vs Nibhi Realtors Private Ltd.

Kunjammal Vs Saroja