Madras High CourtCMP/21101/2021allowed with costs

Jeevasivakumar v. C.R.Chandran

2021-12-23Honourable Mr Justice A.A.Nakkiran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Twenty Third day of December Two Thousand Twenty One PRESENT THE HON`BLE MR JUSTICE AA. NAKKIRAN CMP NO.21101 OF 2021 IN AS.NO.320 OF 2015 JEEVASIVAKUMAR [ PETITIONER ] Vs 1 C.R.CHANDRAN [ RESPONDENTS ] (DIED) 2 T.H.NIZAMUDEEN 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 657 days in filing the Application to set aside the abatement as against the 1st Respondent in the above appeal (CMP NO.21101 OF 2021) 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.D.RAVICHANDER, Advocate for the petitioner and of MR.RAJESH, Advocate for the 2nd Respondent the court made the following order:- This petition has been filed to condone the delay of 657 days in filing the petition to set aside the abatement as against the first respondent in the above Appeal.

2. Heard the learned counsel for the petitioner as well as the learned counsel for the second respondent.

3. The learned counsel for the second respondent has no objection in allowing this petition.

4. Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay is condoned and this petition is allowed on condition that the petitioner pays a sum of Rs.700/-(Rupees Seven Hundred only) to the Tamil Nadu State Legal Services Authority attached to this Court on or before 06.01.2022. In the event of failure on the part of the petitioner in paying the said amount within the stipulated time, this https://hcservices.ecourts.gov.in/hcservices/

petition shall stand dismissed automatically without any further reference to this Court.

5. Post this matter on 07.01.2022.

-sd/- 23/12/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE III ADDITIONAL DISTRICT JUDGE, PUDUCHERRY COPY TO THE SECRETARY, HIGH COURT LEGAL SERVICES AUTHORITY, HIGH COURT BUILDING, HIGH COURT MADRAS - 104 Order in CMP NO.21101 OF 2021 IN AS.NO.320 OF 2015 Date:23/12/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PS 29/12/2021 https://hcservices.ecourts.gov.in/hcservices/