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Madras High CourtCMP/18687/2022allowed on condition

Raja v. Murali

2022-11-21Honourable Mr Justice Krishnan Ramasamy2 pages

C.M.P.Nos.18687 of 2022 and 15758 of 2019 C.M.P.Nos.18687 of 2022 and 15758 of 2019 in S.A.No.483 of 2007 KRISHNAN RAMASAMY, J., C.M.P.No.18687 of 2022 has been filed to condone the delay of 669 days in filing the application to set aside the order dated 18.08.2017, dismissing the appeal for default and to restore the above Second Appeal.

2. C.M.P.No.15758 of 2019 has been filed to set aside the order dated 18.08.2017, dismissing the appeal for default and to restore the above Second Appeal.

3. Heard the learned counsel for the petitioners. The learned counsel appearing for the respondents 1 to 3 submitted that he has no objection for allowing these petitions.

4. In view of the above submission and having regard to the reasons stated in the accompanying affidavit filed in support of these petitions and being satisfied with the same, the delay is condoned subject to the following conditions:- (i) The petitioners/appellants shall pay a sum of Rs.5,000/- as costs, to the respondents within the period of two weeks, failing which these petitions shall stand dismissed automatically without further reference to this Court.

5. Accordingly, these petitions are allowed and the Registry is directed to restore the appeal and list the same on 01.12.2022.

gbi 21.11.2022 ________ https://www.mhc.tn.gov.in/judis

C.M.P.Nos.18687 of 2022 and 15758 of 2019 KRISHNAN RAMASAMY, J., gbi C.M.P.Nos.18687 of 2022 and 15758 of 2019 in S.A.No.483 of 2007 21.11.2022 ________ https://www.mhc.tn.gov.in/judis