Radha, v. Amirtha Gowri
Case brief
What is this about?
The Court allowed a Civil Miscellaneous petition to condone a delay of 857 days in filing a first appeal. Since the underlying suit for partition was still pending for a final decree, the delay was condoned on payment of court costs.
What did the court decide?
The petition to condone the delay of 857 days was allowed on condition that the petitioners pay Rs. 1,500 as costs to the counsel for the 8th respondent.
What the court decided
CMP(MD) No.8795 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twelfth day of December Two Thousand and Twenty Three
PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN and
The Hon`ble Mr.Justice P.B. BALAJI
CMP(MD) No.8795 of 2023 in AS(MD)SR.No.39389 of 2023
1 RADHA
2 RANI ... PETITIONERS/APPELLANTS Vs 1 AMIRTHA GOWRI
2 VINAY KARTHIK
3 SOUNDARARAJAN
4 MANGAIYARKARASI
5 CHINNAPAPPAU
6 PRABAKARAN
7 BALACHANDRAN
Issues for consideration
2 issues framed by the court
Whether the delay in filing the first appeal in partition proceedings could be condoned.
Whether the condition of the plaintiffs filing final decree proceedings was met to condone delay.
Parties & counsel
- petitioner
RADHA
- petitioner
RANI
- respondent
AMIRTHA GOWRI
- respondent
VINAY KARTHIK
- respondent
SOUNDARARAJAN
- respondent
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court