Petition to condone 382 days' delay in filing a cross objection in a pending second appeal. The court allowed the petition on payment of Rs.500 cost to the District Siddha Medical Officer, CCRI, Periyakulam, and directed the Registry to number the cross objection if otherwise in order.
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.11209 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Second day of February Two Thousand and Twenty Four
PRESENT
The Hon`ble Mrs.Justice S.SRIMATHY
CMP(MD) No.11209 of 2023 IN
CROSS OBJ (MD)SR.No. 12710 of 2022
SENTHILVADIVU ... PETITIONER/CROSS OBJECTOR/ 2nd RESPONDENT Vs
1 MARICHAMY ...1st RESPONDENT/APPELLANT/DEFENDANT 2 SENTHAMILSELVI ...2nd RESPONDENT/1st RESPONDENT/PLAINTIFF
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 382 days in filing the Cross Objection in the above Second Appeal No.28 of 2022 and thus render justice.
PRAYER IN CROS.OBJ(MD)SR.No. 12710 of 2022:
to pass an order by setting aside the decree and judgment passed in A.S.No. 99/2019 by the Hon'ble I Additional Subordinate Judge, Maudrai on 08.01.2021 by allowing the cross objection filed by the Cross Objector herein.
Prayer in SA(MD). 28/ 2022 :
To set aside the Judgment and Decree passed in A.S. No.99 of 2019 dated 08-012021 on the file of the First Additional Subordinate Judge, Madurai confirming the Judgment and decree passed in O.S. No.182 of 2016 dated 16-12-2017 on the file of the Munsif Court,Madurai Taluk,Madurai and by allowing this Appeal. https://www.mhc.tn.gov.in/judis
1/3
CMP(MD) No.11209 of 2023
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 M/S.T.JOSUAH, Advocate for the petitioner and of MR.R.CHANDRASEKAR, Advocate for the 1st Respondent and for MR.P.PARANTHAMAN, Advocaote for the 2nd Respondnet, the court made the following order:-
This Petition is filed to condone the delay of 382 days in filing the Cross Objection in the Second Appeal.
reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost.
2/3
CMP(MD) No.11209 of 2023
Objection, if it is otherwise in order and list the matter on 14.02.2024.
sd/02/02/2024 / TRUE COPY /
/02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
KSA TO
1 THE I ADDITIONAL SUBORDINATE JUDGE, MADURAI. 2 THE DISTRICT MUNSIF,MADURAI.
COPY TO THE DISTRICT SIDDHA MEDICALOFFICER, CCRI, PERIYAKULAM.
ORDER IN CMP(MD) No.11209 of 2023 IN CROSS OBJ (MD)SR.No. 12710 of 2022 Date :02/02/2024
PKP/GS/SAR /09.02.2024/ 3P/ 4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
3/3
1 issue framed by the court
Should the delay of 382 days in filing the cross objection in the second appeal be condoned?
Senthilvadivu
Marichamy
Senthamilselvi
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
