Petition to condone 2074 days' delay in filing a first appeal against a decree in O.S.No.84 of 2005. The court found the affidavit's multiple explanations insufficient to satisfy Section 5 of the Limitation Act and dismissed the petition, consequently rejecting the appeal at the stage of scrutiny.
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.
C.M.P.(MD).No.7147 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.01.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.M.P.(MD).No.7147 of 2023 in A.S.(MD).SR.No.28763 of 2021
1.S.Viswanathan (Died)
2.V.Vinodkumar .. Petitioners/Appellants
(Cause title is accepted and the 2nd Petitioner is impleaded as LR of the deceased sole petitioner vide Court order dated 17.04.2023 made in C.M.P. (MD).No.4567 of 2023 in A.S.(MD).SR.No.28763 of 2021)
Vs.
Sri Sumatheendra Swamy Mutt, Srirangam, represented by its Power Agent L.Sureendra Kumar.
.. Respondent/Respondent
PRAYER in C.M.P.(MD).No.7147 of 2023: Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 2074 days in filing the first appeal against O.S.No.84 of 2005 dated 28.11.2013 on the file of I Additional District Court, Trichy.
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C.M.P.(MD).No.7147 of 2023
PRAYER in A.S.(MD).SR.No.28763 of 2021: Appeal filed under Section 96 of Civil Procedure Code, praying to set aside the judgment and decree dated 03.12.2013 made in O.S.No.84 of 2005 on the file of the Additional District Judge, Tiruchirappalli.
For Petitioners : M/s.M.Parameswari For Respondent : Mr.Kisore Ram for M/s.R.B. Law Associates
ORDER
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
This Civil Miscellaneous Petition is filed to condone the delay of 2074 days in filing the first appeal against the judgment and decree passed by the I Additional District Court, Trichy in O.S.No.84 of 2005 dated 28.11.2013.
not satisfy the reason for delay. Multiple reasons were given, but, none satisfy the requirement to condone delay, invoking Section 5 of the
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C.M.P.(MD).No.7147 of 2023
Limitation Act. Hence, the Civil Miscellaneous Petition is dismissed. There shall be no order as to costs. Consequently, A.S.(MD).SR.No.28763 of 2021 is rejected.
(G.J.,J.) (C.K.,J.) 05.01.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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C.M.P.(MD).No.7147 of 2023
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
Lm
C.M.P.(MD).No.7147 of 2023 in A.S.(MD).SR.No.28763 of 2021
05.01.2024
Page 4 of 4
1 issue framed by the court
Whether the delay of 2074 days in filing the first appeal should be condoned under Section 5 of the Limitation Act.
2 provisions across 2 enactments
S.Viswanathan (Died)
V.Vinodkumar
Sri Sumatheendra Swamy Mutt, Srirangam, represented by its Power Agent L.Sureendra Kumar
G.Jayachandran
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
