Madras High CourtCMP(MD)/11453/2017allowed with costs

Sarguru v. Selvarani

2018-08-29Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Ninth day of August Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.11453 of 2017 IN SA(MD) No.SR49987 of 2017 1 SARGURU 2 SARASWATHI @ PAPPATHI ... PETITIONERS / PETITIONERS Vs 1 SELVARANI 2 THE PRESIDENT, NAGALAPURAM PANCHAYAT, SREERENGAPURAM POST, THENI TALUK, THENI DISTRICT.

... RESPONDENTS / RESPONDENTS 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 91 days in filing this Second Appeal. PRAYER IN SA(MD)No.SR49987 OF 2017:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to set aside the judgment and decree passed in A.S.No.35/2013 dated 28.03.2017, on the file of the Sub Court,Theni by confirming the judgment and decree passed in O.S.No.81 of 2011, dated 20.09.2013, on the file of the Principal District Munsif Court,Theni,and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.F.X.EUGENE, Advocate for the petitioners and of M/S.M.JOSEPH THATHEUS JEROME Advocate for R1 and Mr.M.RAJARAJAN Advocate for R2,the court made the following order:- Both sides present.

On the side of the petitioner, it is stated that the petitioner was went to Kerala, he could not conduct the advocate and hence there was a delay of 91 days in filing the Second Appeal. On the side of the respondent, it is stated that the petition will be allowed on terms.

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The reasons stated in the affidavit filed in support of this petition, is satisfactory and also an opportunity is to be given to the petitioner to put forth his case, this petition is allowed on payment of Rs.300/- each (Totally Rs.600/-) to the respondent, on or before 07.09.2018.

Call on 10.09.2018 "for reporting compliance". sd/- 29/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, THENI DISTRICT.

2 THE PRINCIPAL DISTRICT MUNSIF COURT, THENI.

ORDER

IN CMP(MD) No.11453 of 2017 IN SA(MD) No.SR49987 of 2017 Date :29/08/2018 MV:JC:SAR2:05/09/18/2P/3C https://hcservices.ecourts.gov.in/hcservices/