The High Court dismissed a petition seeking condonation of delay to restore an appeal dismissed for non-prosecution. Due to huge arrears of maintenance and Supreme Court precedents striking off for non-payment, the court refused to entertain the restoration.
The petition to condone delay and restore the appeal was dismissed.
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.
CMP No. 24894 of 2024 in C.M.A.No.842 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-12-2024
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND
THE HONOURABLE MR.JUSTICE R.SAKTHIVEL CMP No. 24894 of 2024 in C.M.A.No.842 of 2020
RAMASAMY
S/o. Perumal, No.05, Kamaraj Nagar, Dr.Radhakrishnan Nagar, Ariyankuppam, Puducherry ..Petitioner/Appellant Vs
For Appellant(s): Mr.P. Sudagar
For Respondent(s): Mrs.P.V.Rajeswari
ORDER
This Civil Miscellaneous Petition has been filed to condone the delay
of 47 days in filing the petition to restore the above C.M.A.No.842 of 2020.
O.S.No.6/2010 challenging the order dated 02.07.2019 passed by the Family Court, Pondicherry, by which, the appellant was directed to pay a sum of
Rs.6,000/- per month to the wife/1st respondent towards interim
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maintenance from the date of the application i.e., 30.07.2010 till the disposal of the suit in O.S.No.6/2010. The petitioner/appellant was further directed to pay Rs.3,000/- to his daughter/ 2nd respondent herein from the date of the petition till her marriage and also to pay Rs.10,000/- for litigation expenses of the respondents.
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huge and also in the light of the aforesaid decisions of the Honb'le Apex Court, we are not inclined to entertain this petition, filed to condone the delay in filing the petition to restore the appeal. Hence, this Petition stands dismissed.
(J.N.B.,J.) (R.S.V.,J.) 19-12-2024
vsi
J.NISHA BANU, J.
and R.SAKTHIVEL,J.
vsi
CMP No. 24894 of 2024 in C.M.A.No.842 of 2020
19.12.2024
2 issues framed by the court
Whether a Civil Miscellaneous Petition for condonation of delay in restoring an appeal dismissed for non-prosecution should be entertained when the appellant has failed to pay huge interim maintenance
Whether the defence of an appellant for non-payment of interim maintenance can be struck off leading to dismissal of a restoration petition.
Colour shows how this judgement treated each authority
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Ramasamy
R.Gangadevi
R.Indhumathi
J. Nisha Banu
R. Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
J. Nisha Banu and R. Sakthivel
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