C.Palani, v. K.Chinnasamy,
CMP(MD) No.2950 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the First day of July Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CMP(MD) No.2950 of 2020 IN SA(MD)No.SR.14869 of 2020 C.PALANI ... PETITIONER/APPELLANT Vs K.CHINNASAMY ... RESPONDENT/RESPONDENT 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 108 days in filing of Second Appeal. PRAYER IN SA(MD)No.SR.14869 of 2020:
To allow the second appeal by setting aside the judgment and decree of the Subordinate Court, Thoothukudi in A.S.No.145/2015 dated 14.08.2019 reversing the judgment and decree passed by the Principal District Court, Thoothukudi in O.S.No.5/2015 dated 19.09.2014.
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.T.CHANDRASEKARAN, Advocate for the petitioner and of Mr.S.KUMAR, Advocate on behalf of the Respondent, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 108 days in filing the Second Appeal. 2.Heard the learned counsel for the petitioner and the learned counsel for the respondent.
3.The learned counsel for the respondent has no objection for allowing this petition.
4.Considering the reasons 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.500/- (Rupees Five Hundred only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of a copy of this order, https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.2950 of 2020 failing which, the petition shall stand dismissed automatically without any further reference to this Court.
5.This petition is accordingly ordered.
6.Registry is directed to number the second appeal, if the papers are otherwise in order.
sd/- 01/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE SUBORDINATE JUDGE, THOOTHUKUDI.
2.THE PRINCIPAL DISTRICT JUDGE, THOOTHUKUDI.
COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY)
ORDER
IN CMP(MD) No.2950 of 2020 IN SA(MD)No.SR.14869 of 2020 Date :01/07/2021 MSA/CP PK/VR/SAR-II/05.07.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2