Dismissed¶25

M.Ramanathan v. Rm.Veerappan

Madras HC14 Jul 2025CMP(MD)/6229/2024

Case brief

AI extract

What is this about?

Delay condonation dismissed for default; Section 5 Limitation Act; Section 96 CPC appeal against O.S.No.27/2014 (Principal District Judge, Sivaganga, judgment dated 18.10.2023); batta of Rs.35/- unpaid; automatic dismissal clause of order dated 30.06.2025 enforced; liberty to file restoration petition; CMP(MD) No.6229 of 2024 in AS(MD)Sr.No.28807 of 2024; Madurai Bench of Madras High Court; K.K. Ramakrishnan J.; procedural dismissal, no adjudication on merits of condonation.

What did the court decide?

The civil miscellaneous petition stands dismissed in view of the petitioner's non-compliance with the order of the Court dated 30.06.2025 (non-payment of batta). ¶25

M.Ramanathan Vs Rm.Veerappan — Madras HC (2025) — LawSathi Research

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶2

Civil Appellate Jurisdiction

¶3

Monday, the Fourteenth day of July Two Thousand and Twenty Five

¶4

PRESENT

¶5

The HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN

¶6

CMP(MD). No.6229 of 2024 in AS(MD)Sr.No.28807 of 2024

¶7

M.Ramanathan ... Petitioner

1 Rm.Veerappan

2 Rm.Viswanathan

3 PL.Valliammai

4 M.Deivanai

5 Gandhimadhi

6 M.Muthaiah

7 M.Manikam ... Respondents Prayer :-

¶16

Civil Miscellaneous Petition filed under section 5 of Limitation Act to condone the delay of 63 days in filing this appeal.

¶17

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

¶18

Prayer in AS(MD)Sr.No.28807 of 2024:-

¶19

This Petition filed under section 96 of Civil Procedure Code to set aside

¶20

the Judgment and Decree Learned Principal District Judge, Sivaganga in O.S.No.27/2014 on 18.10.2023 in so far as “A” schedule Item No.1 for negativing the claim for contribution for repair and maintenance and “B” and “C” schedule by allowing this appeal.

¶21

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. R. Sundar Srinivasan, Advocate for the Petitioner and of Mr. M. Ajmal Khan, Advocate for the 1^st respondent, this Court made the following order:

¶22

'On 30.06.2025, this Court passed the following order:

¶23

3.Batta in 3 working days. Failing which, the petition shall stand dismissed automatically without any further reference to Court. Once batta is paid, Registry is directed to issue process on the same day. Since this Court ordered notice through Court and Post the petitioner is directed to pay batta of Rs. 35/- each.

¶24

2.Today, when the matter was taken up for hearing, the learned counsel https://www.mhc.tn.gov.in/judis appearing for the petitioner submitted that batta was not yet paid.

¶25

3.In view of the non-compliance of the order of this Court dated 30.06.2025, this civil miscellaneous petition stands dismissed. The petitioner is at liberty to file the restoration petition.'

¶26

Sd/-

¶27

Assistant Registrar (CS-I)

¶28

// True Copy //

¶29

/ /2025 Sub-Assistant Registrar (C.S – I / II/ III / IV)

¶30

¶31

The Principal District Judge, Sivaganga.

¶32