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Madras High CourtCMP(MD)/4090/2021ordered

Masanam v. P.Ramar

2021-04-26Honourable Mr Justice A.A.Nakkiran2 pages

CMP(MD) No.4090 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Sixth day of April Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice A.A.NAKKIRAN CMP(MD) No.4090 of 2021 and SA(MD) No.SR80345 of 2019 1 MASANAM 2 PACKIYAM ... PETITIONERS/APPELLANTS Vs P.RAMAR ... 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 134 days in representing the S.A(MD). SR.No.80345 of 2019.

Prayer in S.A(MD).SR.No.80345/ 2019:

Second Appeal filed may be pleased to allow the second appeal by setting aside the judgment and decree passed in A.S.No.84 of 2015 dated 22.07.2019, on the file of the Additional Sub-Court, Tenkasi, reversing the judgment and decree passed in O.S.No.316 of 2013 dated 01.09.2015 on the file of the Additional District Munsif Court, Tenkasi.

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.H.ARUMUGAM, Advocate for the petitioners, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 134 days in re-presenting the Second Appeal.

2. Heard the learned counsel for the petitioner. 3.Considering the reasons stated in the affidavit filed in support of the petition and 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 Adyar Cancer https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.4090 of 2021 Institute, Adyar, Chennai, within a period of one week 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.In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order. sd/- 26/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL SUB-JUDGE, TENKASI.

2. THE ADDITIONAL DISTRICT MUNSIF, TENKASI.

COPY TO:

THE OFFICER INCHARGE, ADYAR CANCER INSTITUTE, ADYAR, CHENNAI.

ORDER

IN CMP(MD) No.4090 of 2021 and SA(MD) No.SR80345 of 2019 Date :26/04/2021 MSA/CM SRS/PN/SAR-II/29.04.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2