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Madras High CourtCMP(MD)/8803/2017ordered

R. Vasudevan v. S. Valli

2018-06-13Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN C.M.P(MD)Nos.8803 & 8804 of 2017 in C.M.S.A(MD)Nos.SR.37233 & 37250 of 2017 R.VASUDEVAN ... PETITIONER/ APPELLANT IN BOTH THE PETITIONS Vs S.VALLI ... RESPONDENT/ RESPONDENT IN BOTH THE PETITIONS PRAYER IN C.M.P(MD)No.8803 of 2017 in C.M.S.A(MD)No.SR.37233 of 2017 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 1391 days in preferring CMSA.SR.No. 37233 of 2017 against the order passed in CMA.No. 24 of 2012 dated 03/08/2013 on the file of learned Principal District Judge, Trichy. Prayer in CMP(MD). 8804/ 2017 in C.M.S.A(MD)No.SR.37250 of 2017 To condone the delay of 1391 days in preferring CMSA.SR.No. 37250 of 2017 against the order passed in CMA.No. 25 of 2012 dated 03/08/2013 on the file of learned Principal District Judge, Trichy. PRAYER IN C.M.S.A(MD)No.SR.37233 of 2017:

To set aside the judgment and decreetal order passed by the learned District Judge, Trichy dated 08.03.2013 made in C.M.A.No.24 of 2012, confirming the judgment and decreetal passed by the learned Principal Subordinate Judge, Trichy in H.M.O.P.No.169 of 2003 dated 06.04.2011.

PRAYER IN C.M.S.A(MD)No.SR.37250 of 2017:

To set aside the judgment and decreetal order passed by the learned District Judge, Trichy dated 08.03.2013 made in C.M.A.No.24 of 2012, confirming the judgment and decreetal passed by the learned Principal Subordinate Judge, Trichy in H.M.O.P.No.199 of 2004 dated 06.04.2011.

ORDER : These petitions coming on for orders upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.SENTHIL KUMAR, Advocate for the https://hcservices.ecourts.gov.in/hcservices/

petitioner in both the petitions and of Mr.N.P.NARAYANA KUMAR, Advocate on behalf of the Respondent in both the petitions, the court made the following order:- These petitions are filed to condone the delay of 1391 days in preferring the Civil Miscellaneous Second Appeal. 2.Being satisfied with the reasons stated in the supporting affidavits filed for condonation, delay of 1391 days is condoned and the petitions stand ordered on condition that the petitioner should pay a sum of Rs.1,00,000/- (Rupees One Lakh only) to the Resident Medical Officer, Government Hospital for Thoracic Medicine, Thoppur, Madurai District, by way of Demand Draft, within a period of two weeks from today, failing which, these petitions shall stand dismissed automatically, without further reference to this Court. 3.On production of payment receipt, the Registry is directed to number the Civil Miscellaneous Second Appeals and post the matters for admission, if it is otherwise in order.

sd/- 13/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE DISTRICT JUDGE, TRICHY.

2. THE PRINCIPAL DISTRICT JUDGE, TRICHY.

3. THE PRINCIPAL SUBORDINATE JUDGE, TRICHY.

COPY TO:

THE RESIDENT MEDICAL OFFICER, GOVERNMENT HOSPITAL FOR THORACIC MEDICINE, THOPPUR, MADURAI DISTRICT.

+1. C.C. to Mr.T.SENTHIL KUMAR Advocate SR.No.10337 ORDER IN C.M.P(MD)Nos.8803 & 8804 of 2017 in C.M.S.A(MD)Nos.SR.37233 & 37250 of 2017 Date :13/06/2018 MS/PN/ASVM/18.06.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/