Madras High CourtCMP(MD)/2632/2020allowed with costs

Alosiya v. Ganesan

2020-03-10Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.2632 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Tenth day of March Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) Nos.2632 and 2634 of 2020 in SA(MD)SR Nos.23117 and 23101 of 2019 CMP(MD)No.2632 of 2020:

ALOSIYA ... PETITIONER/APPELLANT Vs GANESAN ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 197 days in Representing the main Second Appeal in S.A. S.R (MD) No. 23117 of 2019 on the file of this Hon'ble Court by allowing this Civil Miscellaneous Petition and thus render justice.

CMP(MD)No.2634 of 2020:

ALOSIYA ... PETITIONER/APPELLANT Vs 1.GANESAN 2.MOOKAYE ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 198 days in Representing the main Second Appeal in S.A. S.R (MD) No. 23101 of 2019 on the file of this Hon'ble Court by allowing this Civil Miscellaneous Petition and thus render justice.

PRAYER IN SA(MD)SR.23117 of 2019:

Pleased to set aside the Common Judgment and Decree dated 29.03.2019 passed in A.S.No.47 of 2016 on the file of the Sub Court, Thuraiyur, A.S.No.199 of 2014 on the file of Sub Court(Camp), Thuraiyur, confirming the Judgment and Decree dated 20.10.2014 passed in O.S.No.59 of 2003 on the file of the District Munsif Court, Thuraiyur by allowing this Second Appeal. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.2632 of 2020 PRAYER IN SA(MD)SR.23101 of 2019:

Pleased to set aside the Common Judgment and Decree dated 29.03.2019 passed in A.S.No.48 of 2016 on the file of the Sub Court, Thuraiyur, A.S.No.200 of 2014 on the file of Sub Court(Camp), Thuraiyur, confirming the Judgment and Decree dated 20.10.2014 passed in O.S.No.178 of 2004 on the file of the District Munsif Court, Thuraiyur by allowing this Second Appeal. ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.V.MEENAKSHISUNDARAM, Advocate for the petitioner in both petitions, the court made the following order:- These petitions are filed to condone the delay of 197 and 198 days in representing the Second Appeal.

2.The reason stated in the affidavit filed in support of these petitions, is not satisfactory. But, one more opportunity to be given to put forth his case. Hence, these petitions are allowed and the delay is condoned on condition that the petitioner in each petition shall pay a sum of Rs.200/- (Rupees Two Hundred only) (Totally Rs.400/-) to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, Periyakulam), on or before 18.03.2020, failing which, these petitions shall stand dismissed automatically without further reference to this Court.

sd/- 10/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUBORDINATE JUDGE,(CAMP),THURAIYUR.

2.THE DISTRICT MUNSIF, THURAIYUR.

COPY TO:

DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

ORDER IN CMP(MD) Nos.2632 and 2634 of 2020 in SA(MD)SR Nos.23117 and 23101 of 2019 Date :10/03/2020 https://hcservices.ecourts.gov.in/hcservices/ TK/JC/SAR.3/17.03.2020/2P/4C 2/2