Pushpa v. Ramasamy
Case brief
What is this about?
Restoration of condone-delay petition dismissed for default refused/disposed; execution petition (EP No.47 of 2017 in Tiruvannamalai OS No.3 of 2005, Subordinate Judge Kallakurichi, order dated 24.01.2019) not interfered with because property already sold in execution of decree in O.S.No.59 of 2005; fresh execution petition permitted within four weeks with bar on limitation objection; CRP No.2393 of 2019 previously dismissed for default; Madras High Court; K. Kumaresh Babu J.; Pushpa v. Ramasamy; no costs.
What did the court decide?
The CMP seeking restoration of the dismissed condone delay petition was disposed of (not restored as such); the petitioner was granted four weeks from the date of the order to file a fresh execution petition, with a direction that if filed within that period the question of limitation shall not be raised and the EP shall be considered on its own merits and in accordance with law; no order as to costs.