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Madras High CourtCMP(MD)/1186/2024allowed

Shanmugam, v. The Executive Engineer,

2024-02-07Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Seventh day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY and S.A(MD)SR.No. 22218 of 2022 SHANMUGAM, ... PETITIONER/APPELLANT Vs 1 THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY, OLD PASSENGER REST ROOM, RAMANATHAPURAM.

2 THE ASSISTANT ENGINEER, NATIONAL HIGHWAY, OLD PASSENGER REST ROOM, RAMANATHAPURAM.

3 THE JOINT COMMISSIONER CUM EXECUTIVE OFFICER,, THEVASTHANAM, RAMESHWARAM, RAMANATHAPURAM DISTRICT.

... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to representation condone the delay of 628 days for representing the above said second appeal S.A.(MD). Sr.No.22218 of 2022 before this Honourable Court. 1/3

PRAYER IN S.A(MD)SR.No. 22218 of 2022:

To set-aside the Decree and Judgment of the Subordinate Judge, Ramanathapuram in A.S.No.62 of 2017 dated 09.11.2021 by reversing the Decree and Judgment of the District Munsif Cum Judicial Magistrate Court, Rameswaram, in O.S.No.23 of 2012 dated 12.10.2017 by allowing this Second Appeal. 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.D.BALAMURUGAPANDI, Advocate for the petitioner,the court made the following order:- This Petition is filed to condone the delay of 628 days for representing this Appeal before this Court.

2. Being satisfied with the reasons stated in the affidavit filed in support of the petition, this Court is inclined to allow this petition on payment of cost.

3. This petition is allowed on condition that the petitioner shall pay the cost of Rs.500/- (Rupees Five Hundred only) to the credit of District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State Bank of India, Periyakulam Branch) within a period of One Week from the date of receipt of a copy of this order.

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4. On such payment being made, Registry is directed to number the Appeal, if it is otherwise in order.

sd/- 07/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS- I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ksa TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, RAMESWARAM, COPY TO

1. THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM 2 THE SUB ASSISTANT REGISTRAR AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN and S.A(MD)SR.No. 22218 of 2022 Date :07/02/2024 RK/JGB(12/02/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3