This order dismisses a Civil Miscellaneous Petition seeking condonation of delay for filing a Second Appeal under CPC and rejects the Second Appeal itself due to default in payment of court fees, rendering both applications dead at the stage of their filing.
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C.M.P.(MD).No.8176 of 2023 in S.A.(MD).No.SR34707 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.06.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
C.M.P.(MD).No.8176 of 2023 in S.A.(MD).No.SR34707 of 2023 and S.A.(MD).No.SR34707 of 2023
P.S.R.Rajendran ... /Petitioner/Appellant/ 2nd Respondent/2nd Defendant
Vs.
1.R.Ramanathan ... 1st Respondent/1st Respondent/ Appellant/Plaintiff 2.R.Ravi ... 2nd Respondent/2nd Respondent/ 1st Respondent/1st Defendant 3.C.Rohini ... 3rd Respondent/3rd Respondent/ 3rd Respondent/3rd Defendant
PRAYER in C.M.P.(MD).No.8176 of 2023: Civil Miscellaneous
Petition is filed under Order 41 Rule 3(a) of CPC, to condone the delay
of 821 days in filing the above said Second Appeal against the Judgment
and Decree passed by the Principal District Court, Madurai, dated 12.10.2018 made in A.S.No.41 of 2014, dated 12.10.2018 reversing the
Judgment and Decree passed by the Second Additional Sub-Court, Madurai and Madurai District, in O.S.No.862 of 2010, dated 28.10.2014.
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C.M.P.(MD).No.8176 of 2023 in S.A.(MD).No.SR34707 of 2023
PRAYER in S.A.(MD).No.SR34707 of 2023: Second Appeal is filed
under Section 100 of the C.P.C. o call for the records and set aside the Judgment and Decree passed by the Principal District Court, Madurai, dated 12.10.2018 made in A.S.No.41 of 2014, dated 12.10.2018 reversing the Judgment and Decree passed by the Second Additional
Sub-Court, Madurai and Madurai District, in O.S.No.862 of 2010, dated 28.10.2014.
For Petitioner/Appellant : Mr.R.Udhayakumar For Respondent/Respondent : Mr.A.K.Nagarajan for R1
ORDER
On 23.11.2023, notice was ordered to the respondents. So far no
batta was paid by the petitioner. In view of the same, this civil miscellaneous petition is dismissed for default due to non payment of batta. Consequently, Second Appeal is also rejected at the SR stage itself. No costs.
21.06.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No TM
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C.M.P.(MD).No.8176 of 2023 in S.A.(MD).No.SR34707 of 2023
To
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C.M.P.(MD).No.8176 of 2023 in S.A.(MD).No.SR34707 of 2023
G.ILANGOVAN ,J.
TM
C.M.P.(MD).No.8176 of 2023 in S.A.(MD).No.SR34707 of 2023
21.06.2024
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2 issues framed by the court
Whether to condone the delay of 821 days in filing the Second Appeal or dismiss the petition for default.
Whether the Second Appeal should be admitted for hearing after the delay.
2 provisions across 1 enactments
R.Ramanathan
R.Ravi
C.Rohini
G. Ilanguvan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
