Madras High CourtCMP(MD)/2735/2023ordered

M.Chokalingam, v. Leo Felix Louis

2023-04-26Honourable Mr Justice A.D.Jagadish Chandira2 pages

C.M.P.(MD) Nos.2735 and 2737 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Sixth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA C.M.P.(MD) Nos.2735 and 2737 of 2023 in Review Application (MD) SR Nos.62213 and 62161 of 2021 in S.A.(MD) Nos.456 & 457 of 2021 M.CHOCKALINGAM, ... PETITIONER/APPELLANT IN BOTH PETITIONS Vs 1 LEO FELIX LOUIS 2 K.MOHANRAJ ... RESPONDENTS/RESPONDENTS IN CMP(MD).2735/2023 1 TOM EDWIN LOUIS 2 K.MOHANRAJ ... RESPONDENTS/RESPONDENTS IN CMP(MD).2737/2023 Prayer in CMP(MD). 2735/ 2023 :

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 417 days in filing in re-presenting in Rev.App.SR.(MD).No.62213 of 2021 and thus render justice. Prayer in CMP(MD). 2737/ 2023 :

To condone the delay of 417 days in filing in re-presenting in Rev.App.SR.(MD).No.62161 of 2021 and thus render justice. Prayer in REV.APLC.SR(MD).62213/2021:

Pleased to Review the Judgment and Decree passed in SA(MD). 456/2021 on the file of this Hon'ble Court reserved on 07.10.2021 and devlivered on 22.10.2021 by allowing the Second Appeal. Prayer in REV.APLC.SR(MD).62161/2021:

Pleased to Review the Judgment and Decree passed in SA(MD). 457/2021 on the file of this Hon'ble Court reserved on 07.10.2021 and devlivered on 22.10.2021 by allowing the Second Appeal. Prayer in SA(MD). 456/ 2021 :

Pleased to set aside the Judgment and Decree passed in AS No. 5 of 2016 on the file of the Principal District Judge, Pudukkottai dated 09.09.2020 confirming the Judgment and Decree passed in OS https://www.mhc.tn.gov.in/judis 1/2

C.M.P.(MD) Nos.2735 and 2737 of 2023 No.106 of 2007 dated 24.11.2014 on the file of Principal Subordinate Court, Pudukkottai by allowing the Second Appeal and thus render justice.

Prayer in SA(MD). 457/ 2021 :

Pleased to set aside the Judgment and Decree passed in AS No. 11 of 2015 on the file of the Principal District Judge, Pudukkottai dated 09.09.2020 confirming the Judgment and Decree passed in OS No.107 of 2007 dated 24.11.2014 on the file of Principal Subordinate Court, Pudukkottai by allowing the Second Appeal and thus render justice.

ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.R.PARANJOTHI, Advocate for the petitioner in both Petitions, and of on behalf of the Respondents the court made the following order:- The present petitions have been filed seeking to condone the delay of 417 days in re-presenting the Review Applications. 2.Considering the reasons adduced in the affidavits filed in support of the petitions, the delay is condoned, however, on payment of a sum of Rs.2000/- to the High Court Legal Services Authority attached to Madurai Bench of Madras High Court.

3. The petitions are ordered accordingly.

sd/- 26/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SSK/AAV TO 1 THE PRINCIPAL DISTRICT JUDGE, PUDUKKOTTAI.

2 THE PRINCIPAL SUBORDINATE JUDGE, PUDUKKOTTAI. COPY TO:

THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN C.M.P.(MD) Nos.2735 and 2737 of 2023 in Review Application (MD) SR Nos.62213 and 62161 of 2021 in S.A.(MD) Nos.456 & 457 of 2021 Date :26/04/2023 SS/VR/SAR.3/17.05.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2