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Madras High CourtCMP(MD)/3087/2022allowed

R.S.Mani v. The Joint Commissioner

2022-04-12Honourable Ms Justice R.N.Manjula2 pages

CMP(MD) No.3087 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twelfth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA CMP(MD) No.3087 of 2022 IN AS(MD)SR.No.40275 of 2017 R.S.MANI ... PETITIONER/APPELLANT Vs 1 THE JOINT COMMISSIONER/EXECUTIVE OFFICER, ARULMIGHU MEENAKSHI SUNDARESWARAR TIRUKOVIL, MADURAI - 1.

2 THE THAKKAR/TRUSTEE ARULMIGHU MEENAKSHI SUNDARESWARAR TIRUKOVIL, MADURAI - 1.

3 THE COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS DEPARTMENT NUNGAMBAKKAM, CHENNAI.

4 THE DISTRICT COLLECTOR MADURAI.

... 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 1580 days in representing the A.S.SR.NO. 40275 of 2017.

PRAYER IN AS(MD)SR.No.40275 of 2017:

Pleased to allow this appeal by setting aside the judgment and decree passed by the 1st Additional District Judge, Maurai in O.S.No.108 of 2011 dated 23.06.2017.

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 M/S.H.ARUMUGAM, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.3087 of 2022 This Civil Miscellaneous Petition has been filed to condone the delay of 1580 days in representing the Appeal Suit. 2.The learned counsel for the petitioner/appellant submitted that even though the delay is representing, it is because of the lack on the advocate's office, the appellant failed to make enquiry about the stage of the case, the delay of 1580 days occurred. 3.The respondents did not file any objection. 4.In the interest of justice and in order to give an opportunity to the petitioner/appellant to contest the appeal, I feel that this petition can be allowed.

5.In the result, this Civil Miscellaneous Petition is allowed on the condition to pay a cost of Rs.3,000/- (Rupees Three Thousand only) to the credit of District Siddha Medical Officer CCRIPKM (Account No:-10767823177, IFSC Code:- SBIN0000898, State Bank of India, Periyakulam Branch) on or before 27.04.2022. The Registry is directed to number the Appeal Suit, if it is otherwise in order.

6. List the matter after two weeks under the caption ''for reporting compliance''.

sd/- 12/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE 1ST ADDITIONAL DISTRICT JUDGE, MAURAI COPY TO:

THE DISTRICT SIDDHA MEDICAL OFFICER, CCRIPKM, PERIYAKULAM.

ORDER

IN CMP(MD) No.3087 of 2022 IN AS(MD)SR.No.40275 of 2017 Date :12/04/2022 SA/PN/SAR.4/19.04.2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2