Madras High CourtCMP(MD)/3723/2023allowed on condition

Divya, v. Vajramani

2023-08-18Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Eighteenth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in SA(MD).SR.No.19173 of 2023 Divya ... Petitioner/Appellant ..Vs..

1 Vajramani 2 Chandra ... Respondents/Respondents Prayer :- Civil Miscellaneous petition filed under Order 41 Rule 3(A) of CPC to condone the delay of 609 days in filing the SA(MD).SR.No.19173 of 2023. Prayer in SA(MD).SR.No.19173 of 2023:

Second Appeal is filed under Section 100 of Civil Procedure Code against the 1/4

Judgment and Decree passed by the Additional District and Sessions Court, Periyakulam dated 25.02.2019 made in A.S.No.23 of 2014 reversing the Judgment and Decree made in O.S.No.75 of 2011 dated 30.06.2014 on the file of the Sub Court, Uthamapalayam ORDER:- This Civil Miscellaneous petition is coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. D. Srinivasaragavan, Advocate for the Petitioner and of Mr. T.K. Gopalan, Advocate for the respondents, this Court made the following order:

This petition has been filed to condone delay of 609 days in filing the above Second Appeal.

2. Heard the learned counsel for the petitioner and perused the affidavit filed in support of this petition.

3. The learned counsel appearing for the respondents 1 & 2 has raised objection to allow this petition.

4. Considering the reasons stated in the affidavit filed in support of this petition and also considering the duration of delay period, this Court is inclined to 2/4

allow this petition subject to the condition that the petitioner is directed to pay a sum of Rs.2,000/- (Rupees Two Thousand only) to the respondents 1 and 2, within a period of two weeks from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

5. If such amount is paid within the stipulated time, Registry is directed to number the Second Appeal if it is otherwise in order and post the same for admission in the usual course.

Sd/- Assistant Registrar(CS II) // True Copy // /02/2024 Sub Assistant Registrar(CS ) 3/4

ORDER DATED : 18/08/2023 ========================== CD PURPOSE ORDER ========================== in SA(MD).SR.No.19173 of 2023 PA/06.02.2024 4P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4