Madras High CourtCMP(MD)/2455/2020ordered

M.Sulaiman v. Ameerhamsha

2020-07-06Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.2455 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Sixth day of July Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2455 of 2020 in A.S(MD)No.SR 18579 of 2018 M.SULAIMAN ... PETITIONER/ APPELLANT Vs 1 AMEERHAMSHA 2 A.ABDUL KABEEZ ... RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 644 days in representing the above appeal in AS(MD)SR.No.18579 of 2018.

Prayer in A.S(MD)No.SR 18579 of 2018:

To set aside the judgment and decree dated passed in O.S.No.42 of 2013 dated 13.11.2017 on the file of Additional District Judge, Ramanathapuram and thus render justice.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.T.LAJAPATHI ROY, Advocate for the petitioner and of MR.D.NALLATHAMBI, Advocate on behalf of the 1st Respondent, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 644 days in representing the above appeal. 2.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.1,000/- (Rupees one thousand only) to the Cancer Institute (WIA), No.38, Sardar Patel Road, Adyar, Chennai - 20, within a period of four weeks from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court. 3.This petition is accordingly ordered.

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CMP(MD) No.2455 of 2020 4.In the event of payment of cost, the Registry is directed to number the revision petition if it is otherwise in order and list the same "for admission" forthwith.

sd/- 06/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, RAMANATHAPURAM.

COPY TO:

THE OFFICER INCHARGE, CANCER INSTITUTE (WIA), NO.38, SARDAR PATEL ROAD, ADYAR, CHENNAI - 20.

ORDER

IN CMP(MD) No.2455 of 2020 in A.S(MD)No.SR 18579 of 2018 Date :06/07/2020 SMN JM/PN/SAR 2/08.07.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2