Madras High CourtCMP(MD)/2440/2021allowed

Mayandi v. Easwari

2021-12-23Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

CMP(MD) No.2440 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Third day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN CMP(MD) No.2440 of 2021 IN SA(MD) No.283 of 2017 MAYANDI ... PETITIONER/ PETITIONER/ RESPONDENT Vs EASWARI ... RESPONDENT/ RESPONDENT/ APPELLANT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to extend the time period for complying the order dated 20.09.2019 passed in CMP(MD)No.7040 of 2018 in SA(MD)No.283 of 2017 before this Honourable Court without prejudice the petitioner's right to defend the Second Appeal in SA(MD)No.283 of 2017 and also prosecute the cross appeal, which is the subject matter of the main Second Appeal and thus render justice.

Prayer in CMP(MD). 7040/ 2018 :

To pass an order to Permit the petitioner herein/Respondents to deposit Rs.1,40,000/- to the credit of main Second Appeal in SA(MD) No.283 of 2017 pending before this Honourable Court without prejudice my right to defend the Second Appeal in SA(MD) No.283 of 2017 and also prosecute the cross appeal which is the subject matter of the main second Appeal and thus render justice. PRAYER IN SA(MD) No.283 of 2017:

To set aside the judgment and decree dated 08.11.2016 made in AS No.26 of 2011 on the file of learned Additional District Judge, Dindigul, modifying the judgment and decree dated 02.03.2011 made in O.S.No.222 of 2002 on the file of learned Principal Sub Court, Dindigul, allow this Second Appeal pending on the file of this Hon'ble court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2440 of 2021 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 Mr.V.MEENAKSHI SUNDARAM, Advocate for the petitioner and of Mr.V.JANAKIRAMULU, Advocate on behalf of the Respondent, the court made the following order:- This Court by an order dated 20.09.2019 had directed the petitioner to deposit a sum of Rs.1,40,000/- to the credit of the main second appeal in SA(MD) No.283 of 2017 within a period of three weeks from the date of receipt of a copy of this order.

2. Order was passed in the year 2019. Application to extend the time was filed in the year 2021.

3. In view of the same time already granted by this Court is extended up to 02.02.2022 to deposit the said amount.

4. Post the matter on 02.02.2022.

sd/- 23/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE, DINDIGUL.

2 THE PRINCIPAL SUBORDINATE JUDGE, DINDIGUL.

ORDER

IN CMP(MD) No.2440 of 2021 in SA(MD) No.283 of 2017 Date :23/12/2021 aav MS/JC/SAR-4/29.12.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2