Condonation of delay petition under Section 5 of the Limitation Act seeking to explain a 980-day delay in representing a petition to set aside dismissal of an appeal. The petitioner did not appear and the petition was dismissed for non-prosecution.
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C.M.P.(MD)No.10323 of 2016 in A.S.(MD)No.147 of 2008
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.P.(MD)No.10323 of 2016 in A.S.(MD)No.147 of 2008
Savarimuthu
... Petitioner
-vs-
PRAYER: Petition filed under Section 5 of Limitation Act to condone the delay of 980 days in representing the petition to set aside the order of dismissal dated 21.11.2013 passed in A.S.No.147 of 2008.
For Petitioner : No Appearance For Respondents : Mr.V..OmPrakash, Government Advocate
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C.M.P.(MD)No.10323 of 2016 in A.S.(MD)No.147 of 2008
O R D E R
(Judgment of the Court was delivered by C.V.Karthikeyan , J . )
There is no representation on behalf of the petitioner, though the
matter is listed under the caption 'For Dismissal'.
2. Hence, the petition is dismissed for non prosecution. There
shall be no order as to costs.
[C.V.K., J.] [R.V., J.] 17.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/No
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C.M.P.(MD)No.10323 of 2016 in A.S.(MD)No.147 of 2008
To
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C.M.P.(MD)No.10323 of 2016 in A.S.(MD)No.147 of 2008
C.V.KARTHIKEYAN, J. and R.VIJAYAKUMAR, J.
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C.M.P.(MD)No.10323 of 2016 in A.S.(MD)No.147 of 2008
17.09.2025
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1 issue framed by the court
Whether the delay of 980 days in representing the petition to set aside the dismissal of A.S.No.147 of 2008 should be condoned.
1 provisions across 1 enactments
Savarimuthu
The State of Tamil Nadu, Rep. by its District Collector, Virudhunagar
The Superintendenting Engineer, National Highways, Thirunelveli
The Divisional Engineer, National Highways, Virudhunagar
C.V.Karthikeyan
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
