Madras High Court
Pandara Raj (Died) ... 1St vs A.Soundarapandi on 2 June, 2023
C.M.P.(MD).No.8740 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.06.2023
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.P.(MD).No.8740 of 2022
in
S.A.(MD).SR.No.57100 of 2022
1.Pandara Raj (Died) ... 1st Appellant
2.Chelladurai (Died) ... 2nd Appellant
3.Palpandi
4.P.Dhanalakshmi
5.P.Saro Eswari
6.P.Saravanakumar
7.P.Kumaraguru
8.P.Ananda Selvam
9.C.Thangam Ammal
10.C.Muthukani
11.C.Pon Packialakshmi
12.C.Thirumaniyappan
13.C.Aathiyappan ...Petitioners 3 to 13/Appellants 3 to 13
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C.M.P.(MD).No.8740 of 2022
Vs.
Athisayamani (Died)
1.A.Soundarapandi
2.A.Kathreen
3.A.Jayapal
4.A.Jayakumar
5.A.Dhanapal
6.A.Paul
7.A.Pushparani ...Respondents/Respondents
Prayer in C.M.P.(MD).No.8740 of 2022: Civil Miscellaneous Petition is filed
under Section 5 of Limitation Act to condone the delay of 3691 days in filing
the above Second Appeal.
Prayer in S.A.(MD).SR.No.57100 of 2022: Second Appeal is filed under
Section 100 of CPC to set aside the judgment and decree passed in A.S.No.135
of 2006 on the file of Subordinate Judge, Tuticorin dated 22.09.2011 reversing
the judgment and decree passed in O.S.No.18 of 2004 on the file of learned
District Munsif Court, Srivaikuntam dated 16.11.2005.
For Petitioners : Mr.R.Narmathan
For R-1 : No appearance
For R-2 to R-7 : Mr.V.Panneerselvam
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C.M.P.(MD).No.8740 of 2022
ORDER
The matter is listed under the caption “for dismissal” today. The
petitioners seek for condonation of delay of 3691 days in filing the Second
Appeal.
2. The matter is listed before me for the sixth time today. Even on the
earlier hearing dates before me, the learned counsel for the
petitioners/appellants was not ready and was repeatedly seeking adjournments.
Being an inordinate delay, no further adjournments can be granted as sought for
by the learned counsel for the petitioners/appellants.
3. A detailed counter affidavit has also been filed by the respondents 2 to
7 denying the contentions of the petitioners/appellants in their affidavit and
they have categorically stated that the question of condoning the inordinate
delay will not arise as sufficient reasons have not been given by the petitioners
for condoning the inordinate delay.
4. Since the learned counsel for the petitioners/appellants is not ready to
argue the matter despite being given sufficient opportunity as seen from the
earlier proceedings, it can now be inferred that the petitioners have filed this
https://www.mhc.tn.gov.in/judis
C.M.P.(MD).No.8740 of 2022
application only to drag on the proceedings and they are not interested in
arguing this matter. Accordingly, this Civil Miscellaneous Petition, namely,
C.M.P.(MD).No.8740 of 2022 is dismissed for non-prosecution. Consequently,
S.A.(MD).SR.No.57100 of 2022 is rejected.
02.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
Lm
To
1.The Sub-Ordinate Court,
Thoothukudi.
2.The District Munsif Court,
Srivaikuntam.
3.The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.P.(MD).No.8740 of 2022
ABDUL QUDDHOSE, J.
Lm
C.M.P.(MD).No.8740 of 2022
in
S.A.(MD).SR.No.57100 of 2022
02.06.2023
https://www.mhc.tn.gov.in/judis
