Madras High CourtCMP(MD)/1563/2022ordered

A.Velmurugan v. C.Venkadakrishnan

2022-03-21Honourable Ms Justice R.N.Manjula2 pages

CMP(MD)No.1563 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty First day of March Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA CMP(MD)No.1563 of 2022 in A.S(MD)SRNo.9333 of 2022 1 A.VELMURUGAN 2 V.UMAMAHESWARI ... PETITIONERS / APPELLANTS Vs C.VENKADAKRISHNAN ... RESPONDENT / RESPONDENT 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 24 days in filing the appeal suit against the judgment and decree dated 21-11-2019 passed in O.S.No. 101 of 2017 on the file of the 2nd Additional District and Sessions Court, Thoothukudi.

PRAYER IN A.S(MD)SRNo.9333 of 2022:

To set aside the judgment and decree dated 21.11.2019 passed in O.S.No.101 of 2017 on the file of the 2nd Additional District Court, Thoothukudi and dismiss the suit in O.S.No.101 of 2017 on the file of the 2nd Additional District Court, Thoothukudi. 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.N.PRAGALATHAN, Advocate for the petitioner and of MR.S.MUTHUMALAI RAJA, Advocate on behalf of the Respondent, the court made the following order:- This petition is filed to condone the delay of 24 days in filing the above appeal.

2. The respondent did not file any objection.

3. Considering the reasons stated in the affidavit and in the interest of justice, I feel that an opportunity should be given by condoning the delay in filing the appeal. Accordingly, this petition is allowed on condition that the petitioner should deposit a sum of Rs.2,500/- as cost.

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CMP(MD)No.1563 of 2022

4. Accordingly, this petition is allowed on the condition to pay a sum of Rs.2,500/- (Rupees Two Thousand Five Hundred only) to the credit of District Siddha Medical Officer CCRIPKM (Account No:-10767823177, IFSC Code:- SBIN0000898, State Bank of India, Periyakulam Branch) on or before 23.03.2022.

5. Post the matter on 24.03.2022 under the caption ''for reporting compliance''.

sd/- 21/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE 2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE, THOOTHUKUDI.

2 THE 2ND ADDITIONAL DISTRICT JUDGE, THOOTHUKUDI.

COPY TO:

THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI PERIYKULAM.

ORDER

IN CMP(MD)No.1563 of 2022 in A.S(MD)SRNo.9333 of 2022 Date :21/03/2022 tta MK/VR/SAR.IV/23.03.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2