The Single Judge dismissed the Civil Miscellaneous Petition as withdrawn. Consequently, the second appeal filed to set aside prior judgments at the subordinate court was rejected at the Sandoors (SR) stage.
C.M.P(MD).No.5841 of 2021 is dismissed as withdrawn; S.A(MD).SR.No.12447 of 2021 is rejected.
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.
C.M.P(MD).No.5841 of 2021 in SA(MD).SR.NO.12447 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.03.2023
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
C.M.P(MD).No.5841 of 2021 in S.A(MD).SR.No.12447 of 2021
C.M.P(MD).No.5841 of 2021
P.Rathinam ... Petitioner/Appellant
Vs.
Thiruchendur Arumuga Nainar Visaka Kattalai, rep., through its Hereditary Huqdar & Thiruvaduthurai Adheena Karthar Sri La Sri Ambalavana Desiga Paramacharya Swamigal, Thoothukudi District
... Respondent/Respondent
(respondent is substituted vide Court order dated 01.10.2021 made in C.M.P(MD).No.8079 of 2021 in SA(MD).No.SR.12447 of 2021)
Prayer: petition is filed under Order 39, Rule 1 & 2 of the Code of Civil Procedure, to condone the delay of 304 days in filing the second appeal.
For Petitioner : Mr.A.Arumugam For Respondent : Mr.B.Brijesh Kishore
C.M.P(MD).No.5841 of 2021 in SA(MD).SR.NO.12447 of 2021
S.A(MD).No.SR.12447 of 2021
P.Rathinam
...Appellant/Appellant/Plaintiff
Vs.
Thiruchendur Arumuga Nainar Visaka Kattalai, rep., through its Hereditary Huqdar & Thiruvaduthurai Adheena Karthar Sri La Sri Ambalavana Desiga Paramacharya Swamigal, Thoothukudi District
... Respondent/Respondent/Defendant
(respondent is substituted vide Court order dated 01.10.2021 made in C.M.P(MD).No.8079 of 2021 in SA(MD).No.SR.12447 of 2021)
Prayer: Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree passed in A.S.No.13 of 2014 dated 25.02.2019 on the file of the Subordinate Court, Valliyoor, confirming the judgment and decree passed in O.S.No.76 of 2001 dated 21.10.2011 on the file of the Principal District Munsif Court, Nanguneri.
For Appellant : Mr.A.Arumugam For Respondent : Mr.B.Brijesh Kishore
ORDER
The learned counsel appearing for the petitioner seeks permission
of this Court to withdraw the Civil Miscellaneous Petition filed to condone the delay of 304 days in filing the second appeal and he has also made an endorsement to that effect in the Court bundle.
C.M.P(MD).No.5841 of 2021 in SA(MD).SR.NO.12447 of 2021
petitioner, the Civil Miscellaneous Petition is dismissed as withdrawn. Consequently, S.A(MD).SR.No.12447 of 2021 is rejected at the SR stage itself.
07.03.2023
Index : Yes / No Internet : Yes/ No Rmk
To
1.The Subordinate Judge, Valliyoor.
2.The Principal District Munsif, Nanguneri.
C.M.P(MD).No.5841 of 2021 in SA(MD).SR.NO.12447 of 2021
ABDUL QUDDHOSE.J.,
Rmk
C.M.P(MD).No.5841 of 2021 in S.A(MD).SR.No.12447 of 2021
07.03.2023
1 issue framed by the court
Whether the Civil Miscellaneous Petition seeking withdrawal and condonation of delay should be allowed.
P.Rathinam
Thiruchendur Arumuga Nainar Visaka Kattalai, rep. through its Hereditary Huqdar & Thiruvaduthurai Adheena Karthar Sri La Sri Ambalavana Desiga Paramacharya Swam
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
