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N. Sambasivam Vs G. Lakshmanan — Civil Procedure and Limitation | Madras HC (2023)

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2023
N. Sambasivam Vs G. LakshmananN. Sambasivam v. G. Lakshmanan

Dismissed

N. Sambasivam v. G. Lakshmanan

Madras HC9 Jan 2023SA/574/2008

Case brief

from the order text

What is this about?

IN THE HIGH COURT OF JUDICATURE AT MADRAS…

What the court decided

AI extract

Outcome

A

S.A.No.574 of 2008

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.01.2023

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

S.A.No.574 of 2008 &

M.P.No.1 of 2008

N.Sambasivam ...Appellant

Vs.

G.Lakshmanan ...Respondent

Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree made in A.S.No.167 of 2003 dtaed 30.11.2005 on the file of Additional District and Sessions Court, Fast Track Court – IV, Chennai, confirming the Judgement and Decree dated 29.07.2002 made in O.S.No.6820 of 1989 on the file of the VII Assistant Judge, City Civil Court, Chennai.

For Appellant : Mr.A.Lakshmanan For Respondent : Died

Parties & counsel

AI extract

appellant
N.Sambasivam
respondent
G.Lakshmanan

Coram

AI extract

P.T. ASHA

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 9 Jan 2023 · January
Registered: 15 Apr 2008
Case no.: SA/574/2008

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Cite this judgement

N. Sambasivam v. G. Lakshmanan, SA/574/2008 (MAD), decided on 9 January 2023.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P.T. ASHA

Parties & counsel

Dismissed

A compact analysis

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.

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

S.A.No.574 of 2008

JUDGMENT

There is no appearance for the learned counsel for the appellant.

On 14.06.2021, the following orders has been passed in

C.M.P.No.5830 of 2020 in S.A.No.574 of 2008 for condoning the

delay of 960 days in filing the petition to restore the petition filed for bringing on record the legal representatives of the deceased sole respondent:

“ The above application is filed for condoning the delay of 960 days in filing the petition to restore the petition filed to bring on record the legal heirs of the deceased 1^st respondent. The application to bring on record the legal heirs was filed in M.P.SR.No.11159 of 2016 and the same was dismissed for default. It is to restore that application that the present application has been field with the delay of 960 days.

2/5

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

S.A.No.574 of 2008

2. It is also seen that the counsel after taking out this application had not been entering appearance and the matter was listed under the caption for dismissal on 24.02.2020. At which juncture the counsel had appeared and thereafter, the matter was listed on 30.04.2020. There was no representation and the matter was directed to be listed under the caption for dismissal on 03.06.2021. Today when the matter is listed, once again there is no representation on behalf of the counsel for the petitioner. Therefore the petition is dismissed for default.”

To date, this order has not been set aside and the CMP restored. Therefore, the Second Appeal is dismissed as abated. Consequently, connected Miscellaneous Petition is closed. No costs.

09.01.2023

Index : Yes/No Internet : Yes/No kan To

The Additional District and Sessions Court, Fast Track Court – IV, Chennai.

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

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S.A.No.574 of 2008

2.The VII Assistant Judge, City Civil Court, Chennai.

P.T. ASHA, J,

kan

S.A.No.574 of 2008

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

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S.A.No.574 of 2008

09.01.2023

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

5/5

CNR

HCMA010102432008

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED AS ABATED

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9 Jan 2023

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9 Jan 2023