Restoration petition filed by the appellant to restore an appeal earlier dismissed, following allowance of a condonation-of-delay petition. After hearing both sides on merits, the court allowed the restoration and directed the main appeal to be posted as part-heard.
Appeal restored and main appeal ordered to be posted as part-heard on 18.12.2024.
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. 27827 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-12-2024
CORAM
THE HONOURABLE MR JUSTICE SATHI KUMAR SUKUMARA KURUP
CMP NO. 27827 of 2024
IN
AS NO. 324 OF 2013
G.KALANAYAGI W/O LATE S.B. GANESHAN, WEST ST, VETTAIKARANPUDUR, POLLACHI TK, COIMBATORE DIST
APPELLANT(S)
Vs
G.K.KRISHNA MOHAN S/O LATE DR.C.KESAVAN, NO.74/1, GARDEN VIEW APARTMENTS, P BLOCK, ANNA NAGAR, CHENNAI 600 040, NOW AT PRESENT KOTHAGIRI LOWER KOTHAGIRI POST, PREMIER TEA FACTORY, DOOR NO.1/167, NILGIRI DISTRICT.
RESPONDENT(S)
For Petitioner: M.Guruprasad For Respondent 1: Mr.R.Thiyagarajan for Mr.V.J.Arulraj
ORDER
When this Petition came up on earlier occasion along with the Petition for condoning
delay in filing the restore application, the same was kept pending and the
Petitioner/Appellant was directed to argue the main Appeal so that this Court will
consider whether this Petition is to be allowed or not. Subsequently, after two hearings,
after hearing both parties regarding the merits of the case the petition to condone the delay was allowed on 25.11.2024. Subsequently, this petition for restoration of the
Appeal came up. At that time, the arguments of the learned Counsel for the Appellant was recorded and case was posted to hear the learned Counsel for the Respondent keeping the petition to restore the Appeal pending. Today (11.12.2024), the learned Counsel for the Respondent had engaged a Senior Counsel to argue on behalf of the Respondent regarding the merits of the case.
In the light of the above, this Civil Miscellaneous Petition to restore the Appeal is allowed.
Post the main appeal as “Part-heard” on 18.12.2024 on top of the list.
11-12-2024
SRM
G.Kalanayagi
G.K.Krishna Mohan
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
