Dismissed

Rajammal (Died), 1. Pichaimuthu, v. The Executive Officer

Madras HC9 Jul 2024CMP(MD)/5087/2023

Case brief

AI extract

What is this about?

This order dismisses a Civil Miscellaneous Petition filed to set aside a dismissal of an appeal for failure to file the requisite Batta with enclosures despite a conditional extension granted to the petitioner's counsel.

What did the court decide?

The petition is dismissed against the sole Respondent due to failure to file the Batta with enclosures within the extended time.

Rajammal (Died), 1. Pichaimuthu, Vs The… — Civil Procedure and Limitation | Madras HC (2024)

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CMP(MD). No.5087 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Ninth day of July Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice G.ILANGOVAN

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CMP(MD). No.5087 of 2023 in S.A.(MD). No. 188 of 2023

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Rajammal (Died), 1. Pichaimuthu 2. Vasudevan

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... Petitioner/Appellant

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The Executive Officer, Selection Grade Panchayat, Kallidaikuruchi Municipality, Ambasamudram Taluk, Tirunelveli District.

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... Respondent/Respondent

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Prayer :-

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This Petition filed under Order 41 Rule 19 of C.P.C to set aside the dismissal

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order dated 10.04.2023 and to restore the second appeal in S.A.(MD). No. 188 of 2023 on the file this Honourable Court

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S.A.(MD). No. 188 of 2023

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Second Appeal filed under Section 100 of Civil Procedure Code, to set

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https://www.mhc.tn.gov.in/judis aside the judgment and decree dated 29-11-2022 passed in A.S.No. 44 of 2017 on the

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1/3

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CMP(MD). No.5087 of 2023

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file of the Sub Court, Ambasamudram by confirming the judgment and decree dated 27-07-2017 passed in O.S.No. 59 of 2011 on the file of the Principal District Munsif Court, Ambasamudram

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ORDER :

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This Petition having been posted for orders on this day for not having filed the Batta with petition along with enclosures, in the presence of counsel for the petitioner and this Court having granted time for fifteen days, as condition precedent and the said Advocate not having complied with the said direction of this Court, it is ordered that this petition do stand dismissed against the sole Respondent.

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Sd/-

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Assistant Registrar (CS-III) // True Copy //

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/09/2024 Sub Assistant Registrar (CS-I, II, III, IV)

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The Sub Judge, Ambasamudram .

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The Principal District Munsif, Ambasamudram.

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

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2/3

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CMP(MD). No.5087 of 2023

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Copy to:

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The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies)

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ORDER DATED : 09/07/2024 ========================== ORDER

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========================== CMP(MD). No.5087 of 2023 in

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S.A.(MD). No. 188 of 2023

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Giving direction and etc. as stated within.

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RD(04/09/2024) 3P / 5C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

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

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Rajammal (Died), 1. Pichaimuthu, v. The Executive Officer

Case brief

What is this about?

What did the court decide?

Rajammal (Died), 1. Pichaimuthu, v. The Executive Officer

Case brief

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