Madras High CourtCMP(MD)/3615/2020ordered

Subramanian v. Swaminathan

2020-09-04Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fourth day of September Two Thousand Twenty PRESENT The Hon'ble Mr.Justice M.SATHYANARAYANAN and The Hon'ble Mr.Justice P.RAJAMANICKAM C.M.P.(MD)No.3615 of 2020 in AS(MD) SR.No.23897 of 2020 1 SUBRAMANIAN 2 RAVI ... PETITIONERS/APPELLANTS Vs SWAMINATHAN ... RESPONDENT/RESPONDENT 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 485 days in filing the Appeal. Prayer in AS(MD) SR.No.23897 of 2020:

Appeal against the Judgment and Decree of the learned III Additional District Judge, Tiruchirappalli passed in O.S.No.142 of 2013 dated 22.06.2018.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.ASHOKKUMAR, Advocate for the petitioners and of Mr.G.SENTHILVADIVELU, Advocate on behalf of the Respondent, the court made the following order:- (Order of the Court was made by M.SATHYANARAYANAN,J.) Heard the submissions of Mr.M.Ashok kumar, learned Counsel appearing for the appellants/writ petitioners and Mr.G.Senthilvadivelu, learned Counsel appearing for the respondent.

2. Though this petition is strongly opposed by the learned Counsel appearing for the respondent, this Court on going through the affidavit filed in support of this petition, especially, paragraph No.3, is inclined to allow this petition by putting the petitioners' on terms.

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3. In the result, this Civil Miscellaneous Petition is ordered and the delay of 485 days is condoned on condition that the petitioners' shall pay a sum of Rs.5,000/- (Rupees Five Thousand only), to the the Assistant Registrar General i/c [The Registrar (Judicial)], Madurai Bench of Madras High Court, for the improvement of amenities of this Court, within a period of two weeks from today and also file a memo to that effect. On such filing of the Memo, if the papers are otherwise in order, the Registry shall number this appeal and list if for admission.

4. Print the name of Mr.G.Senthilvadivelu, learned Counsel appearing for the respondent.

sd/- 04/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO THE III ADDITIONAL DISTRICT JUDGE, TRICHIRAPPALLI.

COPY TO:- THE ASSISTANT REGISTRAR GENERAL I/C [THE REGISTRAR (JUDICIAL)], MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.3615 of 2020 in AS(MD) SR.No.23897 of 2020 Date :04/09/2020 PKN TE/VR/SAR-II : 08/09/2020 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/