Madras High Court
Chellamuthu vs S.Shanmugam on 11 January, 2021
C.M.P. No. 343 of 2014
in
C.M.A. No. 1677 of 2002
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM
C.M.P. No. 343 of 2014
in
C.M.A. No. 1677 of 2002
Chellamuthu ... Appellant
-vs-
V.S.Subbaraya Gounder (died)
M.Kulandaisamy Gounder (died)
1. S.Shanmugam
2. Karuppana Gounder
3. Rasathi
4. Mani
5. S.Magudapathi
6. S.Madeswaran
7. Kavundayammal
8. K.N.Thangamuthu
9. K.Annapoorani ... Respondents
PRAYER: Civil Miscellaneous Petition filed under Order 41 Rule (19)
of CPC to restore the appeal C.M.A. No. 1677 of 2002 to file which was
dismissed as abated by this Hon'ble Court on 22.04.2010.
1/4
https://www.mhc.tn.gov.in/judis/
C.M.P. No. 343 of 2014
in
C.M.A. No. 1677 of 2002
For Appellant : Ms.J.Prithivi
for Mr.S.Kaithamalai Kumaran
For Respondents: : Mr.N.Manokaran for R1
Mr.V.P.Sengottuvel for R2 & R3
Mr.A.Sureshsakthi Murugan for R4
Mr.R.Devaraj for R6
No appearance for R5, R7, R8& R9
ORDER
The Civil Miscellaneous Petition is filed to restore the appeal in
C.M.A. No. 1677 of 2002 which was dismissed as abated by this Court
on 22.04.2010.
2. The C.M.A. No. 1677 of 2002 was filed under Order 43 Rule
1(w) of CPC, challenging the judgment passed in Review Application in
I.A. No. 938 of 2001 in A.S. No. 65 of 1999 dated 07.11.2001. The Civil
Miscellaneous Appeal was filed in the year 2002 and the Civil
Miscellaneous Appeal was taken up for hearing by this Court on
22.04.2010 and this Court passed an order stating that “ it is reported by
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C.M.P. No. 343 of 2014
in
C.M.A. No. 1677 of 2002
the learned counsel for the appellant that the first respondent died on
23.09.2006 and the second respondent died on 09.12.2005 and so far
though the period is over for taking steps to bring the Legal
Representatives on record, steps have not been taken, thereby, allowing
the appeal to be abated. Hence the appeal is dismissed as abated. No
costs."
3. Though the final order in the Civil Miscellaneous Appeal passed
on 22.04.2010, no steps haves been taken by the appellant for a further
period of four weeks. The present Civil Miscellaneous Petition was filed
on 11.02.2014, after a lapse of four years from the final order passed in
the Civil Miscellaneous Appeal. This being the fact, the respondents
have filed a counter, raising an objection, stating that, all along, the
matter was not persuaded by the appellant and they have allowed the
matter to be dismissed as abated and now after the lapse of four years,
the appeal cannot be restored.
https://www.mhc.tn.gov.in/judis/
C.M.P. No. 343 of 2014
in
C.M.A. No. 1677 of 2002
S.M. SUBRAMANIAM, J.
vji
4. There was a continuous lapse on the part of the appellant in
pursuing the appeal. The appeal was dismissed as abated on 22.04.2010
and even the restoration petition was filed after four years. This, being
the fact, this Court cannot entertain the Miscellaneous Petition now filed
and accordingly C.M.P. No. 343 of 2014 in C.M.A. 1677 of 2002 stands
dismissed. No costs.
11.01.2021
vji
C.M.P. No. 343 of 2014
in
C.M.A. No. 1677 of 2002
https://www.mhc.tn.gov.in/judis/
