Madras High CourtCMP/15503/2019ordered on terms

Dhandapani v. Rajaram

2022-04-13Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of April Two Thousand Twenty Two PRESENT THE HON'BLE MR.JUSTICE S.S.SUNDAR CMP.No.15503 of 2019 in SA.SR.No.105177 of 2014 DHANDAPANI [ PETITIONER ] Vs 1 RAJARAM [ RESPONDENTS ] POORNI AMMAL(DECEASED)

2. P.GNANAVEL 3 P.KUMARAVEL 4 P.PALANIVEL Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 1629 days in representation of the S.A. SR.No.105177 of 2014(CMP.No.15503 of 2019) Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.RAGHAVACHARI, Advocate for M/S.R.CHAKKARAVARTHY, Advocate for the petitioner and of MR.B.ABDUL SAMATH, Advocate for the Respondents, the court made the following order:- This petition is filed to condone the delay of 1629 days in representing the Second Appeal.

2.Heard Mr.V.Raghavachari, learned counsel appearing for the petitioner and Mr.B.Abdul Samath, learned counsel appearing for the respondents.

3.From the affidavit and better affidavit, this Court is convinced with the reasons stated in the affidavit filed in support of the petition that the delay is only in representation. This Court is of the view that the delay could have been avoided by showing due diligence by the petitioner and his counsel. However the serious prejudice caused to the respondents cannot be ignored. In such circumstances, this Court is inclined to allow this petition on terms. Accordingly, the petition is ordered and the https://hcservices.ecourts.gov.in/hcservices/

delay of 1629 days in representing the second appeal is condoned on condition that the petitioner or his counsel shall pay a sum of Rs.10,000/- [Rupees Ten Thousand Only] to the respondents within a period of two weeks from the date of receipt of a copy of this order.

-sd/- 13/04/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT JUDGE, VILLUPURAM.

2 THE I ADDITIONAL SUBORDINATE JUDGE, VILLUPURAM.

Order in CMP.No.15503 of 2019 in SA.SR.No.105177 of 2014 Date :13/04/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format GS(19/04/2022) https://hcservices.ecourts.gov.in/hcservices/