The Madurai Bench dismissed a Civil Miscellaneous Petition seeking condonation of delay in filing an appeal, as the petitioner failed to pay the requisite court fees within the time allowed by the court.
The Civil Miscellaneous Petition stands 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(MD) No.10341 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Second day of September Two Thousand and Twenty Four
PRESENT
The Hon`ble Mr.Justice P.VELMURUGAN
and
The Hon`ble Mr.Justice K.K. RAMAKRISHNAN C.M.P(MD)No.10341 of 2024 in C.M.A(MD)SR.No.25019 of 2023
MUTHULAKSHMI, ... PETITIONER/APPELLANT Vs SATHIYAMOORTHY, ... RESPONDENT/RESPONDENT
Civil Miscellaneous 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 467 days in representing the C.M.A.(MD).SR.No.25019 of 2023 and thus render justice.
PRAYER IN C.M.A(MD)SR.No.25019 of 2023:
Pleased to pass a Judgement and Decree setting aside the Fair and Decreetal Order dated 05.12.2019 passed in H.M.O.P.No.143 of 2018 on the file of Family Court, Sivagangai.
ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.MURALI KUMAR, Advocate for the petitioner, the court made the following order:-
[Order of the Court was made by P.VELMURUGAN,J]
This petition has been filed to condone the delay of 468 days in representing the
C.M.A.(MD).SR.No.25019 of 2023.
https://www.mhc.tn.gov.in/judis 2. On 08.08.2024, this Court passed the following conditional order:
1/3
CMP(MD) No.10341 of 2024
“Since the delay is huge, issue notice to the respondent returnable
in three weeks (28.08.2024). Private notice is also permitted. Affidavit of service on the private notice to be filed by 30.08.2024. List the matter on 02.09.2024. Batta for the Court notice to be paid within three days and if the batta is not paid in time, Registry shall not entertain the same and the Civil Miscellaneous Petition shall stand automatically dismissed as against the respondent, without further reference to this Court. In case, if the batta is paid by the appellant and the same is otherwise in order, Registry is directed to proceed with the same in accordance with law on the same day itself, without any further delay.
2.List the matter on 02.09.2024, for further hearing.”
Therefore, in view of the non-compliance of the conditional order passed by this Court on 08.08.2024, this petition stands dismissed.
/ TRUE COPY /
/09/2024
Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
2/3
CMP(MD) No.10341 of 2024
TO
THE JUDGE, FAMILY COURT, SIVAGANGAI.
ORDER IN C.M.P(MD)No.10341 of 2024 in C.M.A(MD)SR.No.25019 of 2023 Date :02/09/2024
RS/GS/SAR-(09.09.2024) 3P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
3/3
2 issues framed by the court
Whether to condone a delay of 468 days in filing a Civil Miscellaneous Appeal.
Whether to dismiss a petition for condonation of delay due to non-payment of court fees.
MUTHULAKSHMI
SATHIYAMOORTHY
P.VELMURUGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
