Allowed

Kanjadiar Konar (Died) 1.PANDI v. Karuppaiyh Konar (Died) 1.K.Chellammal

Madras HC12 Jan 2023CMP(MD)/452/2023

Case brief

AI extract

What is this about?

In CMP(MD) No.452 of 2023, the Madurai Bench allowed a petition for condonation of delay in filing a restoration application regarding a second appeal, on condition that Rs.1000 be paid to the Chief Justice Relief Fund.

What did the court decide?

The petition is allowed on condition of payment of Rs.1000 to the Chief Justice Relief Fund within two weeks.

Kanjadiar Konar (Died) 1.PANDI Vs Karuppaiyh… — Civil Procedure and Limitation | Madras HC (2023)

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CMP(MD) No.452 of 2023

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

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Thursday, the Twelfth day of January Two Thousand and Twenty Three

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PRESENT

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The Hon`ble Mr.Justice S.SOUNTHAR

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CMP(MD) No.452 of 2023 and SA(MD)No.941 of 2000

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KANJARADIAR KONAR (DIED)

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1.PANDI

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2 PAPPA

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3 VALLI

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4 SATHAIYA

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5 GANDHIMATHI

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6 KRISHNAVENI

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7 MAHESWARI ... PETITIONERS/

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PROPOSED PETITIONERS/ APPELLANTS

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KARUPPAIYAH KONAR (DIED)

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1.K. CHELLAMMAL

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2 K.GANESHAN

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K.GOIVINDAN (DIED)

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3 PUSHPAM

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4 NESA VADIVEL

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5 SARAVANAN

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6 THIRUGNANA SAMBANTHAM

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7 PRIYA

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https://www.mhc.tn.gov.in/judis 8 K.SUBRAMANIYAN

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1/3

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CMP(MD) No.452 of 2023

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9 K.ARUMUGAM

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10 K.ALAMELU MANGAI

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11 K.YASODHAI ... RESPONDENTS/RESPONDENTS/

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PROPOSED RESPONDENTS

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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 1130 days in filing the restoration application in C.M.P.SR.No.3163 of 2023 in MP.(MD).No.1 to 3 of 2013 in S.A.No.941 of 2000 and pass such other orders as this Hon`ble Court may deem fit and proper in the circumstances of the case and thus render justice.

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PRAYER IN SA(MD)No.941 of 2000:

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To prefer the above second appeal against the Judgment and Decree dated 28.01.1999 and made in A.S.No.138 of 1996 on the file of the Principal District Court, Ramanathapuram partly allowing the appeal and decreeing the suit in part O.S.No.61 of 1985 on the file file of the District Munsif Court, Ramanathapuram by reversing the Judgment and decree dated 12.09.1994 and made in O.S.No.61 of 1985 on the file of the District Munsif Court, Ramanathapuram.

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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.J. MADHU, Advocate for the petitioner, the court made the following order:-

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Having satisfied with the reasons assigned in the affidavit filed in support of this petition, the petition is allowed on condition that the petitioners shall make a payment of Rs.1000/(Rupees one Thousand Only) to the credit of the Chief Justice Relief Fund within a period of two weeks from today.

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In case, the petitioners fail to comply with the condition, the petition shall stand automatically dismissed without further reference to the Court.

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sd/12/01/2023

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/ TRUE COPY / /01/2023

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

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abr

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

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CMP(MD) No.452 of 2023

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1.THE PRINCIPAL DISTRICT JUDGE, RAMANATHAPURAM

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2.THE DISTRICT MUNSIF, RAMANATHAPURAM.

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COPY TO

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THE SECTION OFFICER, ACCOUNTS SECTION( THE CHIEF JUSTICE RELIEF FUND) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.A.SIVAJI -, Advocate ( SR-809[I] dated 19/01/2023 )

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ORDER IN CMP(MD) No.452 of 2023 and SA(MD)No.941 of 2000 Date :12/01/2023

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RK/BUC/SAR-1 (23/01/2023) 3P/5C

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

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Kanjadiar Konar (Died) 1.PANDI v. Karuppaiyh Konar (Died) 1.K.Chellammal

Case brief

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Kanjadiar Konar (Died) 1.PANDI v. Karuppaiyh Konar (Died) 1.K.Chellammal

Case brief

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What did the court decide?

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