Madras High CourtCMP(MD)/11065/2024allowed with costs

Sankar Alias Sankarasubbu v. Krishnakumar

2024-09-10Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Tenth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI in A.S.(MD)SR No.21571 of 2023 SANKAR @ SANKARASUBBU ... PETITIONER/APPELLANT Vs KRISHNAKUMAR ... RESPONDENT/RESPONDENT Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the delay of 189 days in filing the above Appeal Suit and thus render justice. Prayer in AS(MD) SR.No.21571 of 2023 :

To set aside the Judgment and Decree dated 20.04.2022 passed in O.S.No.70 of 2018 on the file of 2nd Additional District Judge, Thoothukudi and allow the First Appeal.

ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon 1/3

perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.G.PRABHU RAJADURAI, Advocate for the petitioner, the court made the following order:- Heard the learned counsels appearing on both the sides.

2. The learned counsel for the respondent has raised only formal objection.

3. I have perused the affidavit filed in support of this petition.

4. Being satisfied with the reasons stated in the affidavit, this Court is inclined to allow this petition on condition. Accordingly, the Civil Miscellaneous Petition will be allowed on a condition that the petitioner pays a sum of Rs.1,000/- (Rupees One Thousand only) to the respondent on or before 18.09.2024, failing which, the petition will be dismissed.

5. List the matter on 19.09.2024.

sd/- 10/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO THE 2 ADDITIONAL DISTRICT JUDGE, THOOTHUKUDI.

2/3

ORDER

IN in A.S.(MD)SR No.21571 of 2023 Date :10/09/2024 SA/VR/SAR. /13.09.2024/3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3