Chinnaponnammal v. Krishnamurthy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Civil Appellate Jurisdiction ) Tuesday, the Twenty Seventh day of July Two Thousand Twenty One PRESENT THE HON`BLE MS. JUSTICE P.T.ASHA CMP Nos.14956 & 14957 of 2018 in SA Nos.372 & 373 of 2008 CHINNAPONNAMMAL [PETITIONER IN BOTH THE PETITIONS ] Vs 1 KRISHNAMURTHY [ RESPONDENTS IN BOTH THE PETITIONS ] 2 LOGANAYAHI 3 MUTHUIKRISHNAN 4 VINAYAGAMURTHY 5 SARAVANAN 6 VIJAYA 7 SHANTHI 8 SUMATHI Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order condoning the delay of 2479 days in filing the application to restore the appeal SA.No. 372/2008 which was dismissed on 23/09/2011 against the respondents 1,3,5,7 and 8. (CMP.NO.14956/2018 in SA.NO.
372/2008) AND (II) To pass an order condoning the delay of 2479 days in filing the application to restore the appeal SA.No. 373/2008 which dismissed on 23/09/2011 against the respondents 1,3,5,7and 8. (CMP.NO.14957/2018 in SA.NO.373/2008) Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.GURURAJ, Advocate for the petitioner in both the petitions the court made the following order:- https://hcservices.ecourts.gov.
The applications are filed to condone the delay of 2479 days in filing the application to restore the appeals. It appears that since notice was not effected on Respondents 1,3,5,7 and 8, the Second Appeals had been dismissed on 23.09.2011. This order was noticed by the learned counsel only when the matter was listed on 20.07.2018 for final disposal. Immediately, the application for restoring the appeals against respondents 1,3,5,7 and 8 was filed. However, in the interregnum, there was a delay of 2479 days. The delay has been explained in paragraph-3 of the affidavits filed in support of the applications. However, considering the long delay, the applications are ordered on condition that a sum of Rs.2000/- as costs, shall be paid to the Chief Justice Relief Fund on or before 09.08.2021.
2.The private notice sent to the third respondent has been served. Therefore, now notice has been completed in respect of all respondents.
3.For reporting compliance, post the matter on 10.08.2021. -sd/- 27/07/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE DISTRICT MUNSIF PANRUTI 2 THE SUBORDINATE JUDGE PANRUTI 3 THE SECTION OFFICER, ACCOUNTS SECTION, HIGH COURT, CHENNAI-104 Order in CMP Nos.14956 & 14957/2018 in SA Nos.372 & 373 of 2008 Date :27/07/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format DV(03/08/2021) https://hcservices.ecourts.gov.in/hcservices/