Ramakrishna Gounder (Died) v. Alamalu

Madras HC16 Apr 2025CMP/23753/2024

Case brief

AI extract

What is this about?

Condonation of delay of 433 days; restoration of Second Appeal S.A.No.811 of 2010; C.M.P No. 23753 of 2024; High Court of Judicature at Madras; Sathi Kumar Sukumara Kurup J.; order dated 16-04-2025; conditional costs of Rs.5,000/- to Respondents/Defendants; suit decreed by Additional Sub Judge/District Munsif, Tindivanam; A.S.No.16 of 1993 allowed by judgment dated 18.11.2005 reversing trial-court decree; Second Appeal of 2010 dismissed on 18.04.2023; change of vakalat; counsel S.N.Subramani and M.Venkadeshan.

What did the court decide?

Condonation of 433 days' delay in filing the petition to restore Second Appeal No. 811 of 2010, conditional on payment of Rs.5,000/- to the Respondents/Defendants within two weeks; matter to be posted after two weeks. ¶52-53

Ramakrishna Gounder (Died) Vs Alamalu — Madras HC (2025) — LawSathi Research

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CMP No. 23753 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16-04-2025

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CORAM

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THE HONOURABLE MR JUSTICE SATHI KUMAR SUKUMARA KURUP

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C.M.P No. 23753 of 2024 in S.A.No.811 of 2010

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Ramakrishna Gounder (died) 1. Iyyamperumal, S/o Varadharaja Goundar, Eapakkam Village, Tindivanam Taluk.

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2. Panjalai

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W/o Harikrishnana, Eapakkam Village, Tindivanam Taluk.

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3. Kannan

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S/o Ramakrishna Gounder, Eapakkam Village, Eapakkam Village, Tindivanam Taluk.

Appellant(s)

1. Alamalu

W/o Devaraj, Srithamur Village and Post, Vandavasi Taluk.

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2.Mangalakshmi

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

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CMP No. 23753 of 2024

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W/o Mari Goundar, Venmaniathur Village, Thindivanam Taluk.

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3.Thayarammal

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W/o Subharaya Goundar, Dibangini Village, Tindivanam, Vandavasi Taluk.

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4.Aandal

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W/o Thirumurthy, No 116, Sasthri Nagar, Tondiarpet, Chennai 600 081.

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5.Elumalai

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S/o Ramakrishna Gounder, Eapakkam Village, Tindivanam Taluk.

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6.Thiruvengadam Pillai S/o Natesapillai, Eapakkam Village, Tindivanam Taluk.

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7.Radha Pillai

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Eapakkam Village, Tindivanam Taluk.

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Respondent(s)

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PRAYER

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Civil Miscellaneous Petition is filed to condone the delay of 433 days in filing petition seeking to restore the Second appeal No 811 of 2010.

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For Appellant(s): Mr. S.N.Subramani

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For Respondent: Mr.M.Venkadeshan

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ORDER

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Civil Miscellaneous Petition is filed to condone the delay of 433 days in

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

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CMP No. 23753 of 2024

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filing petition seeking to restore the Second Appeal No 811 of 2010.

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Learned Counsel for the Respondents files counter. Learned Counsel

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for the Appellants submits that he is appearing on Change of Vakalat. From the

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records, it is seen that the Second Appeal is filed by the Plaintiff before the

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learned Additional Sub Judge, Tindivanam.

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After full trial, the suit was decreed in favour of the Plaintiff. The Defendants preferred Appeal in A.S.No.16 of 1993 before the learned Additional Sub Judge, Tindivanam. The learned Additional Sub Judge, Tindivanam by judgment dated 18.11.2005 allowed the Appeal in A.S.No.16 of 1993. Thereby, the decree granted by the learned District Munsif in favour of

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the Plaintiffs was set aside and the suit was dismissed. Aggrieved, the Plaintiffs

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are before this Court by filing this Second Appeal.

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