Madras High CourtCMP(MD)/3461/2020ordered

Azhagupitchai v. Rajagopal

2020-07-21Honourable Mrs Justice J. Nisha Banu2 pages

S/O.LATE.ADAIKALAM, D.NO.35/59, SELVI NAGAR, BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty First day of July Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice J.NISHA BANU C.M.P.(MD)Nos.3461 and 3462 of 2020 in A.S.(MD).SR.Nos.62751 and 62750 of 2019 AZHAGUPITCHAI ... PETITIONER/APPELLANT IN BOTH THE PETITIONS Vs 1 RAJAGOPAL 2 SUBRAMANIAN ... RESPONDENTS/RESPONDENTS IN BOTH THE PETITIONS Prayer in CMP(MD)No.3461/2020 :

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 140 days in representing the above appeal in AS.SR.No. 62751/2019 and pass such further or other orders as this Honourable Court may deems fit and proper in the circumstances of the case and thus render justice.

Prayer in CMP(MD)No.3462/2020 :

to condone the delay of 190 days in representing the above appeal in AS.SR.No. 62750/2019 and pass such further or other orders as this Honourable Court may deems fit and proper in the circumstances of the case and thus render justice. Prayer in A.S.(MD).SR.No.62751 of 2019 :

Pleased to set aside the judgment and decree dated 12.12.2018 passed in O.S.No.23 of 2015 on the file of Principal District Judge, Tirunelveli.

Prayer in A.S.(MD).SR.No.62750 of 2019 :

Pleased to set aside the judgment and decree dated 12.12.2018 passed in O.S.No.77 of 2015 on the file of Principal District Judge, Tirunelveli.

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S/O.LATE.ADAIKALAM, D.NO.35/59, SELVI NAGAR, ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.M.P.SENTHIL, Advocate for the petitioner in both the petitions, the court made the following order:- Heard.

2. These petitions have been filed by the petitioner seeking to condone the delay of 140 days and 190 days in representing the above appeal suits in A.S.(MD).SR.Nos.62751 and 62750 of 2019 respectively.

3. Considering the reasons stated in the affidavit filed in support of the petitions and also considering the length of delays, this Court is inclined to condone the delays subject to the payment of cost of Rs.500/- (Rupees five hundred only) each to the Legal Aid, Madurai Bench of Madras High Court, Madurai, within a period of two weeks from the date of receipt of copy of this order, failing which both the petitions shall stand dismissed automatically without any further reference to this Court.

4. Both the petitions are accordingly ordered.

5. In the event of payment of costs, the Registry is directed to number the appeals if it is otherwise in order and list the same "for admission" forthwith.

sd/- 21/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI.

COPY TO:

THE AUTHORIZED OFFICER, LEGAL AID SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN C.M.P(MD)Nos.3461 & 3462/2020 IN A.S(MD)SR.Nos.62751 & 62750/2019 Date :21/07/2020 GCG TE/PN/SAR-II : 24/07/2020 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2