S.N.D.P. Sree Narayana Dharma Paribalana Yogam v. Kumar
CMP(MD) No.6831 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Sixteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice ABDUL QUDDHOSE CMP(MD) No.6831 of 2023 in SA(MD) SR.No.324 of 2022 1 S.N.D.P.(SRI NARAYANA DHARMA PARIBALANA YOGAM) MARTHANDAM, REPRESENTED BY ITS PRESIDENT, V.K.NISHANTH 2 SAJEEV GOPALAKRISHNAN (DIED) ... PETITIONERS/APPELLANTS Vs 1 KUMAR 2 VENKATESH ... 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 374 days in representing the second appeal SA(MD)S.R.No.324 of 2022.
PRAYER IN SA(MD)SR.No.324/2022 :
To call for the records pertaining to the judgment and decree dated 06.08.2021 in A.S.No.140 of 2015 on the file of the II Additional Sub-Judge, Nagercoil, Subordinate Judge (Camp Court) at Kuzhithurai, reversing the judgment and decree dated 01.10.2015 made in O.S.No.131 of 2007 on the file of the II Additional District Munsif Court, Kuzhithurai, and set the same by allowing 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.V.SASIKUMAR, Advocate for the petitioner, the court made the following order:- This petition is filed to condone the delay of 374 days in representing this Second Appeal. https://www.mhc.tn.gov.in/judis 1/2
CMP(MD) No.6831 of 2023 2.The petitioners have stated that they have misplaced the papers and that is the reason for the delay. In view of the inordinate delay of 374 days, this Court is of the considered view that the petitioners must be put on terms for allowing this application. Accordingly, this application seeking to condone the delay of 374 days in re-presenting the Second Appeal is allowed, subject to the condition that the petitioners/appellants pay Rs.1000/- (Rupees one thousand only) to the Rojavanam Old Age Home, Ulaganeri, Madurai, within a period of one week from the date of receipt of a copy of this order. On production of proof for having made the aforesaid payment by the petitioners, the Registry shall number the Second Appeal, if it is otherwise in order and list the same for admission.
sd/- 16/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
CM TO 1 THE II ADDITIONAL SUBORDINATE JUDGE, NAGERCOIL, SUBORDINATE JUDGE (CAMP COURT), KUZHITHURAI.
2 THE II ADDITIONAL DISTRICT MUNSIF, KUZHITHURAI. COPY TO THE OFFICER INCHARGE, ROJAVANAM OLD AGE HOME, ULAGANERI, MADURAI.
ORDER
IN CMP(MD) No.6831 of 2023 in SA(MD) SR.No.324 of 2022 Date :16/06/2023 RS/SSS/SAR-(23.06.2023) 2P 4C https://www.mhc.tn.gov.in/judis 2/2