A conditional order to condone delay in filing a second appeal and pay costs was passed. On the return hearing, petitioners were absent and the condition was not complied with. Consequently, the court dismissed the civil miscellaneous petition and the second appeal in the stage.
The Civil Miscellaneous Petition and the Second Appeal are 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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.02.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
C.M.P(MD)No. 12917 of 2022 and
S.A(MD)SR.No.12710 of 2022
Vs.
PRAYER in C.M.P(MD)No.12917 of 2022: Civil Miscellaneous Petition is
filed to condone the delay of 844 days in filing the second appeal against the Judgment and Decree 24.08.2017 passed in A.S.No. 191 of 2009 on the file of the Learned Principal Sub Court, Tirchirappalli confirming the Judgment and Decree, dated 23.10.2009 passed in O.S.No. 954 of 2003 on the file of the Learned I Additional District Munsif Court, Trichirappali.
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PRAYER S.A(MD)SR.No.12710 of 2022: Second Appeal is filed under Section 100 of Civil Procedure Code against the Judgment and Decree 24.08.2017 passed in A.S.No. 191 of 2009 on the file of the Learned Principal Sub Court, Tirchirappalli, confirming the Judgment and Decree, dated 23.10.2009 passed in O.S.No.954 of 2003 on the file of the Learned I Additional District Munsif Court, Trichirappali.
For Petitioners : No appearance For R-1 : Mr.S.Karthik
JUDGEMENT
This Petition is filed to condone the delay of 844 days in filing the
second appeal.
order. The same is extracted hereunder:
“4. This petition is allowed on condition that the petitioners shall pay the cost of Rs.2,000/- (Rupees Two Thousand only) to the credit of District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State Bank of India, Periyakulam Branch) within a period of one week from the date of receipt of a copy of this order.”
hearing, there is no appearance on the side of the petitioners and the conditional
order is not complied with.
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the Second Appeal is also dismissed in the S.R. stage itself. No Costs.
02.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No KSA
To
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S.SRIMATHY, J.
KSA
Order made in C.M.P(MD)No. 12917 of 2022 and S.A(MD)SR.No.12710 of 2022
02.02.2024
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2 issues framed by the court
Whether the second appeal shall be dismissed for non-compliance of the conditional order regarding payment of costs.
Whether the Civil Miscellaneous Petition seeking condonation of delay and condign roll of the appeal shall be allowed despite absence of the petitioners and non-payment of costs.
Parveen Begum Abdul Suban
A. Siththikka
A. Pathurun
A. Banu
A. Abdul Kadar
Sabiyullah Abdul Saththar
S. Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
