A.E.Sathiyakumar v. Sowmiya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2025

CORAM

THE HON'BLE Mr. JUSTICE R. SURESH KUMAR AND THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE C.M.P.No .2716 of 2025 IN C.M.A.SR.No.69234 of 2023 A.E.Sathiyakumar .. Petitioner Vs.

Sowmiya .. Respondent Civil Miscellaneous Petition filed under Order IV Rule 9(4) of A.S.Rules, to condone the delay of 557 days in re-presenting C.M.A.SR.No.69234 of 2023.

For Petitioner : Mr.S.Senthilnathan For Respondent : Ms.S.Santhi

ORDER

[Order of the Court was made by R.SURESH KUMAR, J.] This civil miscellaneous petition has been filed to condone the delay of 557 days in representing the above civil miscellaneous appeal.

2. Heard the learned counsel appearing for the petitioner.

3. Though some reasons have been stated in the affidavit filed in support of the petition to condone the delay of 557 days in re-presenting the civil miscellaneous appeal, this petition is stoutly opposed by the learned counsel appearing for the respondent.

4. Though it is the discretion of this Court to decide this petition since it is only delay in re-presentation, we are inclined to allow this petition only on terms. Therefore, this petition is ordered on payment of costs of Rs.2,000/- (Rupees Two Thousand only) payable by the petitioner to the respondent's counsel directly, within a period of two weeks from today, failing which, this petition shall stand dismissed automatically, without further reference to this Court. On such condition, this Civil Miscellaneous Petition is ordered. [R.S.K., J.] [A.D.M.C., J.] 13.02.2025 gya To Ms.S.Santhi No.1581, 15th Main Road Bharathi Colony Anna Nagar West Chennai 600 040

R.SURESH KUMAR, J.

AND Dr.A.D.MARIA CLETE, J.

gya C.M.P.No.2716 of 2025 IN C.M.A.SR.No.69234 of 2023 13.02.2025