Madras High Court
M.Krishnamoorthy Alias Settu vs K.Kathirvel on 4 April, 2022
C.M.P. No.1515 of 2018
in S.A. Sr. No.31304 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE S.S.SUNDAR
C.M.P. No.1515 of 2018
in S.A. Sr. No.31304 of 2017
C.M.P. No.1515 of 2018
in S.A. Sr. No.31304 of 2017
M.Krishnamoorthy alias Settu .. Petitioner
Vs.
1. K.Kathirvel
2. The State of Tamil Nadu,
rep. By The District Collector of
Tiruvannamalai Dsitrict,
Tiruvannamalai.
3. The Tahsildar,
Taluk Office,
Tiruvannamalai.
4. K.Sundaramoorthy .. Respondents
Civil Miscellaneous Petition is filed under Order 41 Rule 3A r/w.
Order 42 Rule 1 C.P.C., to condone the delay of 2800 days in filing the
second appeal.
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C.M.P. No.1515 of 2018
in S.A. Sr. No.31304 of 2017
For Petitioner : Mr. P.R.Balasubramanian
For Respondent-1 : Mr. R.Chandrasudan
S.A. Sr. No.66932 of 2016
M.Krishnamoorthy alias Settu .. Petitioner
Vs.
1. K.Kathirvel
2. The State of Tamil Nadu,
rep. By The District Collector of
Tiruvannamalai Dsitrict,
Tiruvannamalai.
3. The Tahsildar,
Taluk Office,
Tiruvannamalai.
4. K.Sundaramoorthy .. Respondents
Appeal suit is sought to be filed against the judgment and decree of
dated 30.04.2009 made in A.S. No.87 of 2005 on the file of the Additional
Sub Cuort, Tiruvannamalai, confirming the decree and judgment dated
31.08.2005 made in O.S. No.803 of 2004 on the file of the District Judge,
(Training) Additional District Munsif -II, Tiruvannamalai.
For Appellant : Mr. P.R.Balasubramanian
For Respondent-1 : Mr. R.Chandrasudan
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https://www.mhc.tn.gov.in/judis
C.M.P. No.1515 of 2018
in S.A. Sr. No.31304 of 2017
ORDER
This petition is filed to condone the delay of 2800 days in filing the
above second appeal.
2. In the affidavit filed in support of the petition, the petitioner has
stated that the judgment and decree passed by the trial Court was by the
District Judge (Trainee), and that therefore, the appeal ought to have been
filed before the Principal District Judge and that the Sub-Court has no
jurisdiction to entertain the appeal. It is further stated that the appeal was
disposed of without proper notice to the petitioner.
3. Learned counsel appearing for the petitioner submitted that no
notice was sent to the petitioner before the lower appellate Court. Learned
counsel for the first respondent pointed out that the petitioner has engaged
a counsel before the lower appellate Court and that the judgment also
indicate that the petitioner was represented by a counsel before the lower
appellate Court. However, the learned counsel for the petitioner submitted
that no counsel was authorised or no vakalat was given by the petitioner to
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C.M.P. No.1515 of 2018
in S.A. Sr. No.31304 of 2017
any counsel before the lower appellate Court.
4. The petitioner has not even raised any ground stating that no one
was engaged by the appellant before the lower appellate Court. The only
submission of the petitioner is that no notice was issued to him before the
lower appellate Court. This Court finds no merit in the submission as the
petitioner was represented by a counsel before the lower Court. This Court
is unable to consider any of the reasons stated by the petitioner in the
affidavit filed in support the petition as plausible. Since the inordinate
delay of nearly 8 years is not explained properly, this Court is not inclined
to entertain this petition.
5. Accordingly the civil miscellaneous petition is dismissed.
Consequently, connected second appeal in S.A. Sr. No.31304 of 2017 is
rejected at Sr. stage itself.
04.04.2022
bkn
https://www.mhc.tn.gov.in/judis
C.M.P. No.1515 of 2018
in S.A. Sr. No.31304 of 2017
To:
1. The Additional Sub Cuort, Tiruvannamalai.
2. The District Judge, (Training) Additional District Munsif -II,
Tiruvannamalai.
3. The Section Officer,
V.R.Records, High Court, Madras.
https://www.mhc.tn.gov.in/judis
C.M.P. No.1515 of 2018
in S.A. Sr. No.31304 of 2017
S.S.SUNDAR, J.,
bkn
C.M.P. No.1515 of 2018
in S.A. Sr. No.31304 of 2017
04.04.2022
https://www.mhc.tn.gov.in/judis
