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Saraswathi Vs Ponnusamy — Civil Procedure and Limitation | Madras HC (2024)

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Madras HC
2024
Saraswathi Vs PonnusamySaraswathi v. Ponnusamy

Dismissed

Saraswathi v. Ponnusamy

Madras HC25 Apr 2024CMP(MD)/10333/2016

Case brief

AI extract

What is this about?

This order dismisses a petition for condoning delay in filing a second appeal due to non-payment of costs and lack of petitioner's representation.

What the court decided

AI extract

A

CMP(MD) No.10333 of 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

Thursday, the Twenty Fifth day of April Two Thousand and Twenty Four

PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

CMP(MD) No.10333 of 2016 IN SA(MD) No.SR41770 of 2016

1 SARASWATHI

2 SUBBULAKSHMI

3 SUBRAMANIAN,

4 KATHIRESAN

5 DHANALAKSHMI

6 PARAMASIVAN

... PETITIONERS/APPELLANTS

Parties & counsel

AI extract

appellant
SARASWATHI AND OTHERS
respondent
PONNUSAMY AND OTHERS

Coram

AI extract

G.ILANGOVAN

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 25 Apr 2024 · April
Registered: 2 Nov 2016
Case no.: CMP(MD)/10333/2016

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Cite this judgement

Saraswathi v. Ponnusamy, CMP(MD)/10333/2016 (MAD), decided on 25 April 2024.

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

Bench / Coram

G.ILANGOVAN

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

The petition filed by the appellants to condone delay in filing a second appeal stands dismissed as the cost ordered by the court was not paid by the petitioner and no representation was offered by the petitioner in court.

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.

Vs

1 PONNUSAMY,

2 SARKARAI

3 RAMAR

4 GURUSAMY,

5 LAKSHMI

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

1/3

CMP(MD) No.10333 of 2016

6 ALAGARSAMY

7 MEENAKSHI

8 PAPPA

9 MURUGESWARI

10 ALAGURANI

11 MUTHULAKSHMI

12 MANIKANDAN,

13 MARIYAPPAN

14 MURUGAN

15 GANESAN

16 KARPAGAVALLI

... RESPONDENTS/RESPONDENTS

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 321 days in filing the above said Second Appeal.

PRAYER IN SA(MD) No.SR41770 of 2016:

To allow the Second Appeal and call for the decree and judgment passed in A.S.no.31 of 2013 dated 09.07.2015 on the file of Sub Court, Sivakasi thereby confirming the judgment and decree of the District Munsif Court, Sivakasi dated 19.08.2013

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and not appeared for petitioners in person or through by an Advocate and of M/s.P.JESSI JEEVAPRIYA, Advocate on behalf of the Respondent Nos.1, 2 and 4, the Court made the following order:-

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

2/3

CMP(MD) No.10333 of 2016

As per the order dated 16.04.2024, the cost was not paid by the petitioner.

Today, there is no representation for the petitioner. This petition stands dismissed.

sd/25/04/2024

/ TRUE COPY /

/05/2024

Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM

To

1.THE SUBORDINATE JUDGE, SIVAKASI

2.THE DISTRICT MUNSIF, SIVAKASI

ORDER IN CMP(MD) No.10333 of 2016 IN SA(MD) No.SR41770 of 2016 Date :25/04/2024

ED/ JGB /SAR- (06/05/2024) 3P / 3C

Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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

3/3

CNR

HCMD010848752016

Topic

Civil Procedure and Limitation

Bench

Disposal

DISMISSED

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