Petition to condone 55 days' delay in filing a restoration petition after the petitioner's delay condonation application in an appeal was dismissed for default. The court found willful default in failing to take batta and pursue the matrimonial appeal matter, and dismissed the restoration petition.
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CMP(MD) NO. 17076 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03-03-2025
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA
CMP(MD) NO. 17076 of 2024 IN CMA(MD) SR NO. 47401 OF 2024
M.Kavishankar S/o.Late.M.Meenakshi Sundaram, Door No.42-B, Eswar Illam, Kamarajar Street, New Meenakshi Nagar, Power Office Backside, Madurai -9.
Petitioner(s)
Vs
P.Chitra Devi W/o.M.Kavishankar, Represented by the her Natural Guardian, Father R.Paneer Selvam, Indira Nagar, Barma Colony, Chinthamani, Madurai -9.
Respondent(s)
For Petitioner(s): Mr.K.Navaneetharaja
ORDER
DR.G.JAYACHANDRAN,J. AND R.POORNIMA,J.
This Petition is filed to condone the delay of 55 days in filing the restoration
https://www.mhc.tn.gov.in/judis petition.
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CMP(MD) NO. 17076 of 2024
2.Heard the learned counsel appearing for the petitioner and perused the materials placed before this Court.
3.On perusal of the petition for restoration of C.M.P(MD)No.9188 of 2024, was dismissed for default viz., failure to take batta to the respondent in the application to condone the delay in filing deserve to be dismissed for want of sufficient reasons.
4.The matter relates to matrimonial dispute. Despite the appellant preferred the appeal with delay ought to have been vigilant in pursuing the matter, his failure to take batta in time, has resulted in dismissal of the application for condoning the delay. There is further delay in filing of restoration petition, only shows the willful default of the petitioner.
5.In view of the above, this petition is dismissed.
sd/03/03/2025 / TRUE COPY /
/03/2025
Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
Ns
TO
THE JUDGE, FAMILY COURT, MADURAI.
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CMP(MD) NO. 17076 of 2024
ORDER IN CMP(MD) NO. 17076 of 2024 IN CMA(MD) SR NO. 47401 OF 2024 Date :03/03/2025
RS/GSV/SAR-(14.03.2025) 3P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether the 55-day delay in filing a restoration petition for a delay condonation application should be excused.
M.Kavishankar
P.Chitra Devi
G. Jayachandran
R. Poornima
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
