Bashyam @ Rengabashyam v. Murugesan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Eighth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DURAISWAMY CMP(MD) Nos.1889 & 1890 of 2017 IN SA(MD) Nos.SR43791&SR43792 of 2015 BASHYAM @ RENGABASHYAM ... PETITIONER/APPELLANT IN BOTH THE PETITIONS Vs 1 MURUGESAN 2 SHANTHA 3 BASKARAN 4 SENBAGAVALLI 5 MINOR BALASUBRAMANIAN 6 MINOR MANGALAM, 7 T.BANU 8 D.PADMAVATHI 9 BAMA @ PARVATHI 10 RAMALAKSHMI 11 PASANTHALEKHA ... RESPONDENTS/RESPONDENTS IN BOTH THE PETITIONS PRAYER IN CMP(MD)1889/2017 IN SA(MD)SR43791/2015 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 237 days in re-presenting the Second Appeal S.R.No.43791 of 2015.
PRAYER IN SA(MD)SR43791/2015 To set aside the Judgment and Decree, dated 22.04.2015 passed in Cross A.S.No.22 of 2011 in A.S.22/2011 in A.S.No.22/2011 on the file of the Principal District Court, Karur confirming judgment and decree passed dt 28.10.2010 in O.S.No.270/2004 on the file of Additional Subordinate Judge, Karur in with the costs by allowing the Second Appeal.
PRAYER IN CMP(MD)1890/2017 IN SA(MD)SR43792/2015 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 187 days in re-presenting the Second Appeal S.R.No.43792 of 2015.
https://hcservices.ecourts.gov.in/hcservices/ PRAYER IN SA(MD)SR43792/2015 To set set aside the decree and judgment dated 22.4.2015,passed
by this Principal District Court,Karur in A.S.No.22 of 2011 by revising the Decree and Judgment dated 28.10.2010 in O.S.No.270/2004,on the file of the Additional Subordinate Judge, Karur with Costs througout.
ORDER : These petition coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.J.PRABAKARAN, Advocate for the petitioner in both petitions the court made the following order:- Heard the learned counsel for the petitioner. 2.There is a delay of 237 and 187 days respectively in representing the papers. Though the petitioner has satisfactorily explained the reasons for the delay, since the delay is on the higher side, I am of the view that in the interest of Justice,the delay can be condoned on payment of cost. Accordingly, the delay of 237 and 187 days respectively in representing the papers is condoned on condition that the petitioner paying a sum of Rs.500/-(Rupees Five Hundred only) to the Rojavanam Homeless&Aged Care Centre, Melur Road, Uthangudi, Madurai within a period of one week from the date of receipt of a copy of this order,failing which these petitions shall stand automatically dismissed without further reference to this Court.
3.Accordingly, these petitions are ordered.
sd/- 28/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL DISTRICT COURT, KARUR 2 ADDITIONAL SUBORDINATE JUDGE, KARUR 3 THE OFFICER INCHARGE, ROJAVANAM HOMELESS&AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI.
+2CC TO MR.J.PRABHAKARAN,ADVOCATE,SR.NOs.11063,11064
ORDER
IN CMP(MD) Nos.1889 & 1890 of 2017 IN SA(MD) Nos.SR43791&SR43792 of 2015 Date :28/02/2017 KK-JM-SAR3-03.03.2017-2P-6C https://hcservices.ecourts.gov.in/hcservices/