Two civil miscellaneous petitions were filed, one to condone a 23-day delay and the other to restore a Second Appeal dismissed as abated. The court allowed both petitions and directed the registry to restore the appeal for hearing.
Delay of 23 days condoned; Second Appeal in S.A.No.1613 of 2004 restored and listed for hearing.
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)Nos.5859 & 15341 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction
Thursday, the Twenty First day of November Two Thousand and Twenty Four
PRESENT
The HONOURABLE MR. JUSTICE V. SIVAGNANAM
CMP(MD). Nos.5859 & 15341 of 2024
in
S.A.No1613 of 2004
... Petitioners/Appellants (in both the petitions)
Vs
Joint Family by its Manager Pandian S/o. Ramasamy Gounder, Senabadi, Nerur North Village, Karur. ..Respondent/Respondent (in both the petitions)
Prayer :-
Civil Miscellaneous Petition filed under section 5 of Limitation Act Condone the delay of 23 days in filing the petition to restore the Second Appeal SA No.1613/2004 before this Honourable Court which was dismissed as abated on 08.02.2024.
Prayer in CMP(MD).No.15341 of 2024:-
Civil Miscellaneous Petition filed under section 41 Rule 19 r/w.151 of C.P.C. To restore the Second Appeal in S.A.No.1613 of 2004 before this Honourable Court which was dismissed as abated on 08.02.2024.
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CMP(MD)Nos.5859 & 15341 of 2024
Prayer in S.A No.1613 of 2004:-
Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 12.01.2004 made in A.S.No.44 of 2003 on the file the District Court, Karur, confirming the judgment and decree dated 20.04.2001 made in O.S.No.1999 of 1998 on the file of the Principal District Munsif Court, Karur.
ORDER:- These Petitions coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. PT.S. Narendravasan, Advocate for the Petitioners in both the petitions, this Court made the following order:
"C.M.P(MD)Nos.5859 of 2024 has been filed seeking to condone the
delay of 23 days in filing the application to restore the Second Appeal in S.A.No.1613 of 2004 which was dismissed as abated on 08.02.2024. C.M.P(MD) Nos.15341 of 2024 has been filed seeking to restore the Second Appeal in S.A.No.1613 of 2004 which was dismissed as abated on 08.02.2024.
Second Appeal, which was dismissed for default on 08.02.2024 is condoned. https://www.mhc.tn.gov.in/judis
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CMP(MD)Nos.5859 & 15341 of 2024
Accordingly, these petitions are allowed.
Sd/-
Assistant Registrar (CS.III)
// True Copy //
/12/2024 Sub Assistant Registrar (CS-I/II/III/IV)
RM
TO
Copy to:
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CMP(MD)Nos.5859 & 15341 of 2024
ORDER DATED : 21/11/2024 ==========================
ORDER
==========================
CMP(MD). Nos.5859 & 15341 of 2024 in S.A.No1613 of 2004
Giving direction and etc. as stated within.
SL(05.12.2024)/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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2 issues framed by the court
Whether the delay of 23 days in restoring the Second Appeal should be condoned under section 5 of the Limitation Act.
Whether to allow the Civil Miscellaneous Petitions to restore the Second Appeal dismissed as abated.
Krishnan
Thangavel
Chandran
Joint Family represented by Manager Pandian
V. SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
