Muthusamy v. Sriram

C.M.P.(MD).No.4481 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of September Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD)No.4481 of 2020 in A.S.(MD).SR.No.10883 of 2019 MUTHUSAMY ... PETITIONER/APPELLANT Vs 1 SRIRAM 2 R.AMUTHA ... RESPONDENTS/RESPONDENTS 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 317 days in representing the above A.S.SR.No.10883 of 2019 and thus.

PRAYER IN A.S.(MD)SR.No.10883 of 2019:

Pleased to allow the appeal by setting aside the Judgment and Decree dated 13.12.2018 in so far as the Clause No.II of the decree i.e., (2) that the 1st defendant is hereby directed to pay a sum of Rs.5,00,000/- being the sale agreement advance amount to the plaintiff together with interest at 9% pa. from the date of agreement of sale deed dated 14.03.2007 till the date of decree and subsequent interest at 6% p.a. from the date of decree till the date of realization made in O.S.No.8 of 2011 on the file of the II Additional District Judge, Tiruchirapalli.

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.ANTONY ARUL RAJ, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioner praying to condone the delay of 317 days in representing the above appeal suit. 2.Heard the learned counsel appearing for the petitioner. 3.Considering the reason 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 Legal https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.P.(MD).No.4481 of 2020 Services Committee, attached to this Bench, within a period of two weeks from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

4.This petition is accordingly ordered.

sd/- 24/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE II ADDITIONAL DISTRICT JUDGE, TIRUCHIRAPALLI.

COPY TO:

THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD)No.4481 of 2020 in A.S.(MD).SR.No.10883 of 2019 Date :24/09/2020 GCG TK/PN/SAR.4/08.10.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2