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Madras High CourtCMP(MD)/3048/2020allowed on condition

Udayakumar v. Eswara Vadivu

2020-06-01Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.3048 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of June Two Thousand Twenty PRESENT The Hon'ble Mrs.Justice R.THARANI CMP(MD) No.3048 of 2020 IN SA(MD)No.SR70481 of 2019 UDAYAKUMAR ... PETITIONER/APPELLANT Vs 1 ESWARA VADIVU 2 NAGARAJAN 3 POONGOTHAI SETHULAKSHMI (DIED) 4 THIRUGNANA SAMBANTHAM 5 POORNA CHANDRIKA 6 GOPINATH ... 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 148 days in representing the second appeal in SA.SR.No.70481/2019.

Prayer in SA(MD)No.SR70481 of 2019 :

Pleased to set aside the Judgment and Decree dated 08.04.2019 passed in A.S.No.19 of 2017 on the file of the Principal District Judge, Thoothukudi, Thoothukudi District, which is confirming the Judgment and decree dated 12.04.2017 passed in O.S.No.139 of 2008 on the file of the learned Sub Court, Thoothukudi, Thoothukudi District by allowing the Second Appeal.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.THIRUVADIKUMAR, Advocate for the petitioner, the court made the following order:- The petition is filed to condone the delay of 148 days in representing the second appeal in S.A.(MD)No.SR70481 of 2019. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.3048 of 2020 2.Though the reasons stated in the affidavit filed in support of this petition are not satisfactory, an opportunity for the petitioner is to be given. Hence, this petition is allowed and the delay is condoned on condition that the petitioner shall pay a sum of Rs.200/- (Rupees Two Hundred only) to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, Periyakulam), on or before 10.06.2020. Failing which, this petition stands automatically dismissed. sd/- 01/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL DISTRICT JUDGE, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

2. THE SUBORDINATE JUDGE, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

COPY TO:- THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

ORDER

IN CMP(MD) No.3048 of 2020 in SA(MD)No.SR70481 of 2019 Date :01/06/2020 MRN TE/VR/SAR-II : 03/06/2020 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2