D.S.Ramamurthy v. D.S.Manikam Achari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-12-2024

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 29179 of 2024 AND SA NO. 416 OF 2007 D.S.Ramamurthy Appellant(s) Vs D.S.Manikam Achari and 4 Others Respondent(s) For Appellant(s):

Mr. A.Palaniappan For Respondent(s):

Mr. P.S.Kothandaraman for RR1,3 & 4 No appearance - R5

ORDER

This Civil Miscellaneous Petition has been filed seeking to restore the above second appeal, which was dismissed for default on 13.12.2022 as against 2nd respondent.

2. Mr.A.Palaniappan, learned counsel for petitioner/appellant submitted that the above Second Appeal was dismissed for default on 1/3

13.12.2022 as against 2nd respondent due to non-payment of batta for him. He would submit that inadvertently and out of oversight, he filed to effect payment of batta to the 2nd respondent as per the direction of this court and now he is ready and willing to effect payment of batta for him. He would also submit that non-payment of batta for 2nd respondent is neither willful nor wanton, but due to the bonafide reason stated above. Hence, he has filed the above petition to restore the above S.A.

3. Mr. P.S.Kothandaraman, learned counsel for respondents 1, 3 and 4 appeared and raised formal objections in allowing the above petition.

4. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition seeking to restore the Second Appeal and the fact that batta was already paid for 2nd respondent and also to avoid further complications, this Court is inclined to allow this petition and to restore the above second appeal.

5. Post the matter on 28.01.2025.

18.12.2024 rpp 2/3

T.V.THAMILSELVI, J.

rpp in S.A. No. 416 of 2007 18.12.2024 3/3