A. Alexander v. D.Xavier Arockiasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CMP(MD)No.3705 of 2024 in A.S.(MD).SR.No.4154 of 2023 A. ALEXANDER ... PETITIONER/APPELLANT Vs D.XAVIER AROCKIASAMY ... RESPONDENT/RESPONDENT Civil Miscellaneous 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 289 days in representation the A.S.SR.No.4154 of 2023 and thus render justice.

PRAYER IN AS(MD)SR.No.4154/2023:

Pleased to set aside the judgment and decree dated 26.08.2022 made in OS.No.35 of 2016 on the file of Additional District Judge, Sivagangai and allow this appeal suit.

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ORDER : This Civil Miscellaneous 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.V.S. KUMARA GURU, Advocate for the petitioner, the court made the following order:- (Order of the Court was made by V.BHAVANI SUBBAROYAN, J.) Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay is condoned and this civil miscellaneous petition is allowed as prayed for subject to the condition that the petitioner / appellant deposits a costs of Rs.500/- (Rupees Five Hundred only) to the credit of Madras High Court Madurai Bench, Advocate Clerk's Welfare Association, Madurai-625 023 (Indian Bank Saving Account No.496039124, IFSC Code: IDIB000H040).

2. Registry is directed to number the appeal, if it is otherwise in order. sd/- 18/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SM TO THE ADDITIONAL DISTRICT JUDGE, SIVAGANGAI.

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COPY TO:

1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE OFFICER INCHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADRAS HIGH COURT MADURAI BENCH, MADURAI-625 023

ORDER

IN CMP(MD)No.3705 of 2024 in A.S.(MD).SR.No.4154 of 2023 Date :18/03/2024 SA/GS/SAR. /21.03.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3