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Madras High CourtCMP(MD)/2580/2019ordered

S.P.Panneer Selvam, v. Adhilakshmi,

2020-09-21Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty First day of September Two Thousand Twenty PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.2580 of 2019 IN SA(MD) No.254 of 2013 S.P.PANNEER SELVAM ... PETITIONER/APPELLANT Vs 1 ADHILAKSHMI 2 MURUGAN 3 VELMURUGAN 4 PANDIARAJAN ... 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 225 days in filing the petition to set aside the order dated 22.06.2018 made in SA(MD) No.254 of 2013 on the file of this Honourable Court in respect of 4th Respondent for non payment of batta and restore the same.

Prayer in SA(MD) No.254 of 2013:

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to allow this Second Appeal and set aside the Judgment and decree dated 23.01.2013 made in A.S.No.50 of 2012 on the file of Camp Sub-Court, Thirumangalam, reversing the Judgment and decree dated 07.03.2012 made in O.S.No.204 of 2005 on the file of District Munsif Court, Thirumangalam, and dismissed the suit.

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.V.GEORGE RAJA, Advocate for M/S.AJMAL ASSOCIATES for the petitioner and of Mr.R.SUBRAMANIAN, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed by the petitioner praying to condone the delay of 225 days in filing a petition to set aside the order dated 22.06.2018 made in S.A.(MD).No.254 of 2013 in respect of the 4th respondent for non payment of batta and to restore the same. https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel appearing for the respondents has no objection in allowing this petition.

3. Considering the above and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.1,000/- (Rupees one thousand only) to the Legal Services Committee, attached to this Bench, 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.

4.This petition is accordingly ordered.

sd/- 21/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDGE, CAMP SUBORDINATE COURT, THIRUMANGALAM.

2. THE DISTRICT MUNSIF, THIRUMANGALAM.

COPY TO:- THE AUTHORIZED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.2580 of 2019 IN SA(MD) No.254 of 2013 Date :21/09/2020 GCG TE/JC/SAR-I : 25/09/2020 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/