Madras High Court
V.A.Ganesan (Died) ... Sole vs The Commissioner on 20 March, 2023
C.M.P.(MD).No.8037 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.03.2023
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE
C.M.P.(MD).No.8037 of 2022
in
S.A.(MD).SR.No.18056 of 2014
1.V.A.Ganesan (Died) ... Sole Appellant
2.Jeyalakshimi
3.Mohanraj
4.Rajeswari
5.Maheswari ...2 to 5 Petitioners/Proposed Appellants
Vs.
The Commissioner,
Office at Dindigul Municipality,
Dindigul Municipality,
Dindigul District. ...Respondent/Respondent
Prayer in C.M.P.(MD).No.8037 of 2022: Civil Miscellaneous Petition is filed
under Section 5 of Limitation Act to condone 1455 days delay to file restore
petition in the above SA.(MD).SR.No.18056 of 2014.
Prayer in S.A.(MD).SR.No.18056 of 2014: Second Appeal is filed under
Section 100 of CPC to call for the records and set aside the decree and
judgment of the first appellate court in A.S.No.88 of 2012 on the file of
Additional Sub Judge, Dindigul (wrongly mentioned as Principal Sub Judge,
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C.M.P.(MD).No.8037 of 2022
Dindigul) dated 24.01.2014 which it was confirmed decree and judgment
passed in O.S.No.173 of 2009 on the file of Additional District Munsif,
Dindigul dated 25.07.2012.
For Petitioners : Mr.J.Gunaseelanmuthaih
For Respondent : Mr.M.Thirunavukkarasu
Standing Counsel
ORDER
This Civil Miscellaneous Petition has been filed seeking to condone the
delay of 1455 days in filing the restoration petition seeking to restore the
Second Appeal, which was dismissed for default on 09.08.2016.
2. The petitioners are the legal representatives of the deceased appellant
and aggrieved by the concurrent findings of the Courts below, the appellant has
filed this Second Appeal, which is in the SR stage. The reason for seeking
condonation of delay is found in paragraph 2 of the affidavit which is extracted
hereunder:
"2. It is submitted that my father has filed by
petitioner/appellant second appeal against decree and
judgment in AS.No.88/2008 on the file of Principal Sub Judge,
Dindigul dated 24.01.2014 in SASR.No.18056/2014 dated
17.04.2014 same was returned, then represented on
02.12.2014. Subsequently the bundle was dismissed for default
https://www.mhc.tn.gov.in/judis
C.M.P.(MD).No.8037 of 2022
on 09.08.2016 by this Hon'ble Court. Due to non-compliance of
return remarks. Actually I file this application immediately 30
days from the date of dismissal order. My father namely
Ganesan had followed this case till his demise. He was died on
24.04.2018 we are not aware case of the Second Appeal. Before
1 month back my family members are trying to shift my residing
place and shift the house hold articles. I found above said case
bundle details at the time of shifting the things. Immediately I
go through the bundle and contact with my counsel and came to
knowledge my case was dismiss for default on 09.08.2016 due
to non-prosecution. Immediately I file this petition. In between
1455 days delay was occurred to file this restore petition with
1455 days delay. Please condone the delay to file this restore
petition. Otherwise we will be put irreparable loss and
hardship."
3. The delay sought to be condoned is an inordinate delay. Only due to
the fact that the appellant did not satisfy the requirements of Registry for a long
period of time, earlier the petition filed by the appellant seeking to condone the
delay in re-presentation was dismissed for non-prosecution. The present
petition has been filed also to condone an inordinate delay of 1455 days in
filing the restoration petition to restore the Second Appeal, which was
dismissed for default on 09.08.2016. For condoning an inordinate delay, no
reasons have been given by the petitioner as seen from the affidavit filed in
https://www.mhc.tn.gov.in/judis
C.M.P.(MD).No.8037 of 2022
support of this application and the reasons are extracted supra. Therefore, there
is no merit in this application. Accordingly, this Civil Miscellaneous Petition is
dismissed. Consequently, S.A.(MD).SR.No.18056 of 2014 is rejected.
20.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
Lm
To
1.The Additional Sub-Ordinate Court,
Dindigul.
2.The Additional District Munsif Court,
Dindigul.
3.The Commissioner,
Office at Dindigul Municipality,
Dindigul Municipality,
Dindigul District.
4.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.8037 of 2022
ABDUL QUDDHOSE, J.
Lm
C.M.P.(MD).No.8037 of 2022
in
S.A.(MD).SR.No.18056 of 2014
20.03.2023
https://www.mhc.tn.gov.in/judis
