This court restored a second appeal dismissed for default due to non-payment of batta. The court was satisfied with the appellant's affidavit and payment made to the second respondent, aiming to avoid complications. The matter was posted for further hearing.
The Criminal Miscellaneous Petition was allowed and the Second Appeal was restored.
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.No. 29179 of 2024 in S.A.No.416 of 2007
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-12-2024
CORAM
THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI
CMP NO. 29179 of 2024 AND
SA NO. 416 OF 2007
D.S.Ramamurthy
Appellant(s)
Vs
D.S.Manikam Achari and 4 Others
Respondent(s)
For Appellant(s):
Mr. A.Palaniappan
For Respondent(s):
Mr. P.S.Kothandaraman for RR1,3 & 4 No appearance - R5
ORDER
This Civil Miscellaneous Petition has been filed seeking to restore
the above second appeal, which was dismissed for default on 13.12.2022 as
against 2nd respondent.
submitted that the above Second Appeal was dismissed for default on
C.M.P.No. 29179 of 2024 in S.A.No.416 of 2007
13.12.2022 as against 2nd respondent due to non-payment of batta for him. He would submit that inadvertently and out of oversight, he filed to effect payment of batta to the 2nd respondent as per the direction of this court and now he is ready and willing to effect payment of batta for him. He would also submit that non-payment of batta for 2nd respondent is neither willful nor wanton, but due to the bonafide reason stated above. Hence, he has filed the above petition to restore the above S.A.
18.12.2024
rpp
C.M.P.No. 29179 of 2024 in S.A.No.416 of 2007
T.V.THAMILSELVI, J.
rpp
C.M.P.No. 29179 of 2024 in S.A. No. 416 of 2007
18.12.2024
1 issue framed by the court
Whether the second appeal dismissed for default should be restored upon the appellant's undertaking to pay the outstanding batta?
D.S.Ramamurthy
D.S.Manikam Achari
4 Others
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
