The court dismissed civil miscellaneous petitions seeking condonation of delay in filing second appeals due to default and rejected the second appeals at the SR stage as petitioners did not appear.
Dismissed
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C.M.P(MD)Nos.6053 and 6054 of 2005 in S.A(MD)SR. Nos.5244 and 5245 of 2005
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.06.2024
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
C.M.P(MD)Nos.6053 and 6054 of 2005
in
S.A(MD)SR.Nos.5244 and 5245 of 2005
1.Panneerselvam
2.Subbulakshimi
... Petitioners / Appellants / Defendants
Vs
1.Papathi
2.Murugesan 3.Minor.Rani Devi 4.Minor.Raja Devi
5.Minor.Prabhu
6.Andi Moopan
(Minors R3, R4 and R5 are represented through their mother / first respondent herein)
... Respondents / Plaintiffs
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C.M.P(MD)Nos.6053 and 6054 of 2005 in S.A(MD)SR. Nos.5244 and 5245 of 2005
Common Prayer in C.M.P(MD)Nos.6053 and 6054 of 2005 : Civil Miscellaneous Petitions filed under Section 5 of Limitation Act, to condone the delay of 1150 days in filing the Second Appeal.
Common Prayer in S.A.(MD)SR.Nos. 5244 and 5245 of 2005 : Second Appeal is filed under Section 100 of Civil Procedure Code, against the decree and judgment of the Court of the Additional Subordinate Judge, Dindigul, made in A.S.Nos.46 and 62 of 2000 dated 31.10.2001 on the decree and judgment of the Court of the Ist Additional District Munsif, Dindigul, made in O.S.No.614 of 1991 dated 16.08.1999.
For Petitioners : No appearance
For Respondents : No appearance
ORDER
When these matters came up for hearing on 23.04.2024, there was
no representation for the petitioners. Therefore, the matter was adjourned to 03.06.2024. Even today(03.06.2024) also, when these matters are taken up for hearing, none appeared on behalf of the petitioners. Therefore, no purpose is going to be served in keeping these cases, pending.
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C.M.P(MD)Nos.6053 and 6054 of 2005 in S.A(MD)SR. Nos.5244 and 5245 of 2005
for default and these Second Appeals are rejected at the SR stage itself.
03.06.2024
NCC :Yes/No Index :Yes/No Internet : Yes/ No
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To
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C.M.P(MD)Nos.6053 and 6054 of 2005 in S.A(MD)SR. Nos.5244 and 5245 of 2005
G.ILANGOVAN, J.
pnn
ORDER IN C.M.P(MD)Nos.6053 and 6054 of 2005 in S.A(MD)SR.Nos.5244 and 5245 of 2005
03.06.2024
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1 issue framed by the court
Whether the delay of 1150 days in filing the Second Appeal should be condoned.
2 provisions across 2 enactments
Panneerselvam
Subbulakshimi
Papathi
Murugesan
Rani Devi
Raja Devi
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
