Ramathal(Died) vs Palanisamy
2023 Latest Caselaw 15854 Mad

Madras High Court

Ramathal(Died) vs Palanisamy on 7 December, 2023

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                          CMP.No.25765 of 2023 in AS.SR.No.1698 of 2018

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 07.12.2023

                                                         CORAM:

                             THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                                CMP.No.25765 of 2023 in
                                                 AS.SR.No.1698 of 2018

                1.Ramathal(died)
                2.Valliammal
                3.Santhamani
                (petitioners 2 & 3 impleaded as appellants
                as per order dated 23.09.2021 in CMP.No.5971
                of 2020)                                                        ... Petitioners

                                                            Vs.
                1.Palanisamy
                Shanmugam(died)
                2.Chandrasekar
                3.Duraisamy
                4.Maruthachalam                                                        ... Respondents



                PRAYER:

                           Civil Miscellaneous Petition is filed under Section 5 of Limitation Act to

                condone the delay of 1797 days in filing the restore petition in CMP.No.17470

                of 2018 in AS.SR.No.1698 of 2018.


                                   For Petitioners           : Mr.R.Rajarajan


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                Page 1 of 4
                                                         CMP.No.25765 of 2023 in AS.SR.No.1698 of 2018


                                                         ORDER

This Civil Miscellaneous Petition has been filed to condone the

delay of 1797 days in filing the restore petition in CMP.No.17470 of 2018 in

AS.SR.No.1698 of 2018.

2. Heard, the learned counsel appearing for the petitioners.

3. The petitioners are the appellants. The first petitioner filed appeal

suit as against the judgment and decree dated passed in OS.No.466 of 2011

thereby dismissed the suit for partition by the trial court. The appeal suit was

filed with delay of 718 days in filing the first appeal. The petition to condone

the delay was listed before this Court for hearing on several hearings.

However, no one was represented and as such this Court dismissed the petition

to condone the delay of 718 days in filing the appeal suit as default. This

petition has been filed to restore the condone delay petition, that too with delay

of 1797 days in filing the petition to restore the condone delay petition.

4. On perusal of the affidavit filed in support of the condone delay

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CMP.No.25765 of 2023 in AS.SR.No.1698 of 2018

petition, revealed that their advocate was not present at the time of hearing of

condone delay petition in CMP.No.17470 of 2018. Therefore, the petitioners

could not get proper instruction from their counsel. However, the reasons

stated in the affidavit are not satisfactory in nature since there is no proper

reason to condone the huge delay of 1797 days. As such, this Court is not

inclined to entertain this petition.

5. Accordingly, this civil miscellaneous petition is dismissed.

Consequently, the connected appeal suit in AS.SRNo.1698 of 2018 is rejected

at the SR stage itself. No costs.

07.12.2023

Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok

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

CMP.No.25765 of 2023 in AS.SR.No.1698 of 2018

G.K.ILANTHIRAIYAN, J.

lok

CMP.No.25765 of 2023 in

07.12.2023

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