M.Kavishankar v. P.Chitra Devi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03-03-2025

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA IN CMA(MD) SR NO. 47401 OF 2024 M.Kavishankar S/o.Late.M.Meenakshi Sundaram, Door No.42-B, Eswar Illam, Kamarajar Street, New Meenakshi Nagar, Power Office Backside, Madurai -9.

Petitioner(s) Vs P.Chitra Devi W/o.M.Kavishankar, Represented by the her Natural Guardian, Father R.Paneer Selvam, Indira Nagar, Barma Colony, Chinthamani, Madurai -9.

Respondent(s) For Petitioner(s):

Mr.K.Navaneetharaja

ORDER

DR.G.JAYACHANDRAN,J.

AND R.POORNIMA,J.

This Petition is filed to condone the delay of 55 days in filing the restoration petition.

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2.Heard the learned counsel appearing for the petitioner and perused the materials placed before this Court.

3.On perusal of the petition for restoration of C.M.P(MD)No.9188 of 2024, was dismissed for default viz., failure to take batta to the respondent in the application to condone the delay in filing deserve to be dismissed for want of sufficient reasons. 4.The matter relates to matrimonial dispute. Despite the appellant preferred the appeal with delay ought to have been vigilant in pursuing the matter, his failure to take batta in time, has resulted in dismissal of the application for condoning the delay. There is further delay in filing of restoration petition, only shows the willful default of the petitioner.

5.In view of the above, this petition is dismissed. sd/- 03/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

Ns TO THE JUDGE, FAMILY COURT, MADURAI.

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ORDER IN IN CMA(MD) SR NO. 47401 OF 2024 Date :03/03/2025 RS/GSV/SAR-(14.03.2025) 3P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3