Madras High CourtCMP(MD)/750/2023allowed

M.Raja, v. Sp.Chockalingam,

2023-03-17Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Seventeenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR C.M.P(MD) No.750 of 2023 in C.M.P.(MD)No.9748 of 2022 in A.S.(MD)No.SR59970 of 2022 1 M.RAJA 2 SELVARANI 3 R.KARTHIK 4 R.JAYALAKSHMI ... PETITIONERS/PETITIONERS/APPELLANTS Vs 1 SP.CHOCKALINGAM, 2 C.KAMALA 3 MURUGAN FINANCIERS REP.BY ITS PROPRIETOR SP.CHOCKALINGAM, DOOR NO.39/1, MUTHURAMALINGA THEVAR STREET, PONMENI PUDUR, MADURAI - 16.

... RESPONDENTS/RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the order of dismissal for non appearance on 12-12-2022 in CMP(MD).No. 9748 of 2022 in AS(MD).SR.No. 59970 of 2022 on the file of this Honourable Court and restore the same. PRAYER in CMP(MD) No.9748 of 2022:

pleased to condone the delay of 103 days in filing the first appeal against the judgment and decree passed in O.S.No.35 of 2014 on the file of the V Additional District Judge, Madurai dated 17/02/2022. PRAYER IN AS(MD)SR.No.59970 of 2022:

To set aside the judgemnt and decree passed in O.S.No.35 of 2014 on the file of the V Additional District Judge, Madurai dated 17.02.2022 and consequently allow the first appeal. https://www.mhc.tn.gov.in/judis

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V. SANTHAKUMARESAN, Advocate for the petitioners, the Court made the following order: Being satisfied with the reasons stated in the affidavit filed in support of this petition,this petition is allowed. 2.The Registry is directed to the restore the delay condonation petition on file and list the same for hearing. sd/- 17/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE V ADDITIONAL DISTRICT JUDGE, MADURAI.

COPY TO:

THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.750 of 2023 in CMP(MD) No.9748 of 2022 in AS(MD)SR.No.59970 of 2022 Date :17/03/2023 SS/BUC/SAR I/30/03/2023/2P/3C https://www.mhc.tn.gov.in/judis