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Madras High CourtCMP(MD)/3114/2021ordered

K.Andiappan @ Kasi, v. V.Malaiyandi,

2021-08-05Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA C.M.P(MD)No.3114 of 2021 in S.A(MD)SR.No.12936 of 2021 K.ANDIAPPAN @ KASI ... PETITIONER/APPELLANT Vs 1 V.MALAIYANDI 2 THE TAHSILDAR, TALUK OFFICE, DEVAKOTTAI, SIVAGANGAI DISTRICT.

3 THE DISTRICT COLLECTOR, SIVAGANGAI, SIVAGANGAI DISTRICT. ... RESPONDENTS /RESPONDENTS 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 455 days in filing the above Second Appeal. PRAYER IN S.A(MD)SR.No.12936 of 2021:

To set aside the Judgment and Decree dated 03.09.2018 made in A.S.No.29 of 2016 on the file of Sub Court, Devakottai reversing the Judgment and Decree dated 06.01.2016 made in O.S.No.155 of 2014 on the file of District Munsif Court, Devakottai. 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.B.MURUGANANDAM, Advocate for the petitioner and of MR.R.SUNDARSRINIVASAN, Advocate on behalf of the 1st Respondent, the court made the following order:- This Petition has been filed seeking to condone the delay of 455 days in filing the above Second Appeal.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The learned counsel appearing for the respondent has no objection in allowing this Petition on payment of costs. https://hcservices.ecourts.gov.in/hcservices/

4.In view of the above submission,this Petition is ordered and the delay of 455 days in filing the above Second Appeal is condoned on condition that the Petitioner pays a sum of Rs.1,000/-(Rupees one thousand only) to the Legal 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 automatically dismissed, without further reference to this Court. Sd/- 05/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE SUBORDINATE JUDGE, DEVAKOTTAI.

2 THE DISTRICT MUNSIF COURT, DEVAKOTTAI.

COPY TO THE AUTHORIZED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN C.M.P(MD)No.3114 of 2021 in S.A(MD)SR.No.12936 of 2021 Date :05/08/2021 VB/JM/SAR.IV/10.08.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/