Second Appeal for confirmation of judgment dismissed due to lack of petitioner representation; appeal rejected at sanction registry stage.
Civil Miscellaneous Petition dismissed for default and Second Appeal rejected at the sanction registry stage.
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C.M.P(MD)No.17040 of 2023 in S.A.No.SR90941 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.07.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.M.P(MD)No.17040 of 2023 in S.A.(MD)No.SR90941 of 2023
1.Paraman
2.Panam @ Panaselvi
... Petitioners / Appellants
Vs
Karuthakannan (died)
1.Palani
2.Annathai
3.Muthucharam
4.Ochu
... Respondents / Respondents
Prayer in C.M.P(MD)No.17040 of 2023 : Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 43 days in filing the Second Appeal.
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C.M.P(MD)No.17040 of 2023 in S.A.No.SR90941 of 2023
Prayer in
Prayer in S.A(MD)No.SR90941 of 2023 : Second Appeal is filed under Section 100 of C.P.C., to set aside the judgment and decree dated 05.07.2023 passed in A.S.No.92 of 2019 on the file of the Sub Court, Usilampatti, confirming the judgment and decree dated 14.03.2018 passed in O.S.No.13 of 2009 on the file of the District Munsif cum Judicial Magistrate No.1, Usilampatti.
For Petitioner : No appearance For R1 to 3 : Mr.M.Vijayarathinam
ORDER
Respondents 1 and 4 reported to be dead. No step has been filed
so far.
the first respondent is still alive. The original first respondent before the Court below is reported to be dead, whose legal representatives are also already on record.
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C.M.P(MD)No.17040 of 2023 in S.A.No.SR90941 of 2023
two hearing, no purpose is going to be served in keeping this petition pending. Accordingly, this Civil Miscellaneous Petition is dismissed for default and the Second Appeal is rejected at the SR stage itself.
12.07.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No
pnn
To
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C.M.P(MD)No.17040 of 2023 in S.A.No.SR90941 of 2023
G.ILANGOVAN, J.
pnn
ORDER IN C.M.P(MD)No.17040 of 2023 in S.A.(MD)No.SR90941 of 2023
12.07.2024
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2 issues framed by the court
Whether the delay in filing the Second Appeal can be condoned and the petition disposed of on default.
Whether the Second Appeal can be rejected at the sanction registry stage due to lack of representation.
Paraman
Panam @ Panaselvi
Palani
Annathai
Muthucharam
Ochu
G.ILANGOVAN
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
