Allimuthu, vs Selvaraj,

Type Court Judgment Court Chennai Orders Decided Jan 07, 2025

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Citation: sooperkanoon.com/1897348
Court: Chennai Orders High Court
Judge: Honourable Mrs Justice T.V.Thamilselvi
Decided On: Jan 07, 2025
Case Number: CMP/27040/2024

Parties & Advocates

Appellant / Petitioner

Allimuthu,

Respondent

Selvaraj,

Excerpt

.....to 2nd respondent. on 24.02.2023 this court passed a conditional order to take a notice to 2nd respondent on or before 09.03.2023 and if it is not complied, the second appeal stand dismissed. thereafter, he has preferred a restoration petition and the registry returned the petitionand the same was represented on 08.05.2024. however, unfortunately, the papers were mixed up with other case bundle and after due search, it was traced out. hence, the petition to restore was not filed in time. in view of the same, there is a delay of 380 days in filing the above petition. hence, he has filed the above petition to condone the delay and to restore the s.a.3. mrs.r.meenal, learned counsel 1st respondent appeared and raised objections stating that to drag on the proceedings, this petition has been filed.4. considering the facts and circumstances, and the fact that thissecond appeal is pending from the year of 2007 and to avoid multiplicity of proceedings and the reasons stated by the petitioner in the affidavit seems to be justifiable one and also the fact that if the above second appeal is not restored, her right to defend the case would be defeated, this court is inclined to allow this petition and to restore the above second appeal without prejudice to objections made by the 1st respondent.5. post the matter on 29.01.2025. rppt.v.thamilselvi, j.rpp c.m.p.no. 27040 of 2024 in s.a. no. 571 of 2007 (2/2)

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-01-2025
CORAM
THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 27040 of 2024 IN SA NO. 571 OF 2007 Allimuthu Appellant(s) Vs Selvaraj and another Respondent(s) For Appellant(s): Mr.Sunil Kumar R For Respondent(s): Mrs.R.Meenal for R1

ORDER

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 380 days in filing the petition to restore S.A.No.571 of 2007, which was dismissed for non-prosecution on 09.03.2023.

2. Mr.R.Sunil Kumar, learned counsel for petitioner/appellant

submitted that the petitioner had filed the above Second Appeal, in which this Court ordered notice and even after taking effective steps, the service could not be reached to 2nd respondent. On 24.02.2023 this court passed a conditional order to take a notice to 2nd respondent on or before 09.03.2023 and if it is not complied, the Second Appeal stand dismissed. Thereafter, he has preferred a restoration petition and the Registry returned the petition

and the same was represented on 08.05.2024. However, unfortunately, the papers were mixed up with other case bundle and after due search, it was traced out. Hence, the petition to restore was not filed in time. In view of the same, there is a delay of 380 days in filing the above petition. Hence, he has filed the above petition to condone the delay and to restore the S.A.

3. Mrs.R.Meenal, learned counsel 1st respondent appeared and raised objections stating that to drag on the proceedings, this petition has been filed.

4. Considering the facts and circumstances, and the fact that this

Second Appeal is pending from the year of 2007 and to avoid multiplicity of proceedings and the reasons stated by the petitioner in the affidavit seems to be justifiable one and also the fact that if the above second appeal is not restored, her right to defend the case would be defeated, this Court is inclined to allow this petition and to restore the above second appeal without prejudice to objections made by the 1st respondent.

5. Post the matter on 29.01.2025. rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 27040 of 2024 in S.A. No. 571 of 2007 (2/2)

Same Court & Year Chennai Orders · 2025 Same Parties Allimuthu, vs Selvaraj, Same Judge Honourable Mrs Justice T.V.Thamilselvi