Case Note & Summary
The petitioner, N.V. Rangaraju, filed two miscellaneous petitions under Section 5 of the Limitation Act seeking condonation of a 243-day delay in filing writ appeals against an order dated 04.06.2019 in W.P.(MD)Nos. 17794 and 17795/2014. The writ appeals were filed under Clause 15 of the Letters Patent. During the hearing, the counsel for the petitioner sought permission to withdraw the miscellaneous petitions and circulated a letter dated 17.12.2024 to the Registry. The court, comprising Justice M.S. Ramesh and Justice A.D. Maria Clete, allowed the withdrawal and dismissed the miscellaneous petitions as withdrawn. Consequently, the writ appeals were rejected at the SR stage itself. No costs were awarded. The judgment is brief and does not delve into the merits of the underlying dispute, as the matter was resolved on procedural grounds due to the petitioner's withdrawal.
Headnote
A) Limitation Act - Condonation of Delay - Section 5 - Withdrawal of Petition - Petitioner sought to withdraw miscellaneous petitions filed under Section 5 of the Limitation Act to condone delay of 243 days in filing writ appeals - Court permitted withdrawal and dismissed petitions as withdrawn - Consequently, writ appeals rejected at SR stage - Held that withdrawal of condonation petition leads to rejection of appeals at SR stage (Paras 1-2).
Issue of Consideration
Whether the delay of 243 days in filing the writ appeals should be condoned.
Final Decision
Miscellaneous petitions dismissed as withdrawn; writ appeals rejected at SR stage. No costs.
Law Points
- Withdrawal of petition
- Dismissal as withdrawn
- Rejection at SR stage
Case Details
2025 LawText (MAD) (01) 155
C.M.P.(MD) Nos.1554 and 1555 of 2021 and W.A.(MD) SR.Nos.13877 and 13878 of 2020
M.S. Ramesh, A.D. Maria Clete
Mr. M. Subash Babu for petitioner, Mr. S.P. Maharajan for respondents 2 and 3
S. Geetha Ranjani, The District Registrar, Office of the District Registrar, Trichy District, The Sub Registrar, Office of the Sub Registrar, Lalgudi, Ariyalur District, M/s. Kalaimagal Sabha rep. by its Official Receiver
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Nature of Litigation
Civil miscellaneous petitions seeking condonation of delay in filing writ appeals.
Remedy Sought
Petitioner sought condonation of 243 days delay in filing writ appeals against order dated 04.06.2019 in W.P.(MD)Nos. 17794 and 17795/2014.
Filing Reason
Delay of 243 days in filing writ appeals.
Previous Decisions
Order dated 04.06.2019 in W.P.(MD)Nos. 17794 and 17795/2014.
Issues
Whether the delay of 243 days in filing the writ appeals should be condoned.
Submissions/Arguments
Petitioner's counsel sought permission to withdraw the miscellaneous petitions.
Ratio Decidendi
When a petitioner withdraws a petition for condonation of delay, the accompanying appeals are liable to be rejected at the SR stage.
Judgment Excerpts
The learned counsel for the petitioner seeks permission of this Court to withdraw the Miscellaneous petitions.
In view of the submission and letter circulated to the Registry, the Miscellaneous petitions are dismissed as withdrawn. Consequently the writ appeals stand rejected at the SR stage itself.
Procedural History
The petitioner filed C.M.P.(MD) Nos.1554 and 1555 of 2021 under Section 5 of the Limitation Act to condone a 243-day delay in filing writ appeals against an order dated 04.06.2019 in W.P.(MD)Nos. 17794 and 17795/2014. The writ appeals were numbered as W.A.(MD) SR.Nos.13877 and 13878 of 2020. During hearing on 24.01.2025, petitioner's counsel sought withdrawal of the miscellaneous petitions, which was permitted, leading to dismissal of the petitions and rejection of the appeals at SR stage.
Acts & Sections
- Limitation Act, 1963: Section 5
