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Madras High CourtCMP(MD)/5866/2023allowed

Selvin v. Thangaraj

2023-06-01Honourable Mr Justice C. Saravanan2 pages

C.M.P.(MD)No.5866 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the First day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice C.SARAVANAN C.M.P.(MD)No.5866 of 2023 in C.R.P.(MD)SR.No.46547 of 2021 1 SELVIN 2 RAJAKUMAR ... PETITIONERS/PETITIONERS Vs THANGARAJ ... 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 375 days in representing the above Civil Revision Petition in CRP(MD).SR.No.46547 of 2021 and thus render justice.

PRAYER IN C.R.P.(MD)SR.No.46547 of 2021:

To set aside the fair and decreetal order passed in I.A.No.378 of 2018 in O.S.No.96 of 2013 on the file of the District Munsif, Santhankulam dated the 18.02.2021.

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 R.BALAKRISHNAN, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioners seeking to condone the delay of 375 days in representing the above Civil Revision Petition.

2. Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, to meet the ends of justice, this Court is inclined to condone the delay subject to the payment of cost of Rs.5,000/- (Rupees Five Thousand only) to the Chief Justice Relief Fund, within a period of two weeks from the date of receipt of copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

3. This Petition is accordingly ordered.

https://www.mhc.tn.gov.in/judis 1/2

C.M.P.(MD)No.5866 of 2023

4. In the event of payment of cost, Registry is directed to number the Civil Revision Petition, if the papers are otherwise in order and list the same ''for admission'' forthwith. sd/- 01/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

smn2 TO THE DISTRICT MUNSIF, SANTHANKULAM.

COPY TO 1.THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

( CHIEF JUSTICE RELIEF FUND) 2.THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3.THE SUB ASSISTANT REGISTRAR AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN C.M.P.(MD)No.5866 of 2023 in C.R.P.(MD)SR.No.46547 of 2021 Date :01/06/2023 RK/CG/SAR- (06/06/2023) 2P/5C https://www.mhc.tn.gov.in/judis 2/2