Madras High CourtCMP(MD)/8363/2023allowed on condition

Thangavelu v. Muthu

2023-07-18Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN SA(MD)SR.No.29218 of 2022 THANGAVELU ... PETITIONER/APPELLANT Vs 1 MUTHU 2 R.RAJALAKSHMI ... 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 292 days in representing the above Second Appeal in SA(MD). SR. No.29218 of 2022 before this Honourable Court and thus render justice. PRAYER IN SA(MD)SR.No.29218/2022:

Pleased to set aside the Judgment and Decree passed by the Subordinate Court, Ramanathapuram dated 28.10.2021 made in A.S.No.32 of 2019, confirming the Judgment and Decree passed by the District Munsif Court, Ramanathapuram made in O.S.No.152 of 2016 dated 24.01.2019 and allow the Second Appeal. 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 D.SRINIVASARAGAVAN, Advocate for the petitioner, the court made the following order:- 1/3

This application has been filed to condone the delay of 292 days in representing the above Second Appeal.

2. Perused the affidavit filed in support of this application and considering the reasons stated in the affidavit, I am inclined to allow this petition on terms. The civil miscellaneous appeal is allowed on a condition that the petitioner/appellant pays a sum of Rs.300/- (Rupees Three Hundred only) to the credit of to the Officer-inCharge, Advocate Clerk's Welfare Association, Madurai Bench of Madras High Court, Madurai, (A/c.No.496039124, IFSC: IDIB000H040, Indian Bank, High Court, Madurai Branch) within a period of two weeks from the date of receipt of a copy of this order, failing which, the petition shall stand automatically dismissed without further reference to this Court.

3. On such compliance, Registry is directed to number the Second Appeal, if it is otherwise in order and list the same for admission. sd/- 18/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SBN TO 1 THE SUBORDINATE JUDGE, RAMANATHAPURAM DISTRICT.

2/3

2 THE DISTRICT MUNSIF, RAMANTHAPURAM.

COPY TO:

1 THE SUB ASSISTANT REGISTRAR A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE OFFICER-IN-CHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S D.SRINIVASARAGAVAN Advocate SR.No.10912

ORDER

IN IN SA(MD)SR.No.29218 of 2022 Date :18/07/2023 SA/BUC/SAR. /28.07.2023/3P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3