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Madras High CourtCMP(MD)/5809/2021ordered

Santhanam, v. A/M. Parasunatha Swamy Temple,

2021-08-05Honourable Mr Justice A.D.Jagadish Chandira2 pages

C.M.P(MD)No.5809 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA C.M.P(MD)No.5809 of 2021 in S.A(MD)SR.No.7727 of 2021 SANTHANAM ... PETITIONER/APPELLANT Vs A/M.PARASUNATHA SWAMY TEMPLE, REP. BY ITS EXECUTIVE OFFICER, MOZHAIYUR, KUMBAKONAM TALUK, THANJAVOUR DISTRICT. ... 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 683 days in filling the Second Appeal in S.A.(MD) S.R. No.7727 of 2020 on the file of this Honourable Court.

PRAYER IN S.A(MD)SR.No.7727 of 2021:

To prefer this Memorandum of Grounds of Second Appeal against the Judgment and Decree passed in A.S.No.28 of 2017 on the file of Additional Subordinate Judge of Kumbakonam, dated 12.01.2018 by confirming the judgment and Decree Passed in O.S.No.501 of 2009 on the file of 1st Additional District Munsif Court, Kumbakonam dated 12.01.2017.

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 MR.R.RAJARAMAN, Advocate for the petitioner, the court made the following order:- This Petition has been filed seeking to condone the delay of 683 days in filing the above Second Appeal.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Though notice has been served on the respondent there is no representation on behalf of the respondent either in person or through counsel.

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C.M.P(MD)No.5809 of 2021 4.In view of the above submission,this Petition is ordered and the delay of 683 days in filing the above Second Appeal is condoned on condition that the Petitioner pays a sum of Rs.1,000/-(Rupees one thousand only) to the Legal Services Committe attached to this Bench , within a period of two weeks from the date of receipt of a copy of this order, failing which, this Petition shall stand automatically dismissed, without further reference to this Court. sd/- 05/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL SUBORDINATE JUDGE, KUMBAKONAM.

2 THE 1ST ADDITIONAL DISTRICT MUNSIF COURT, KUMBAKONAM.

3 THE AUTHORISED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY)

ORDER

IN C.M.P(MD)No.5809 of 2021 in S.A(MD)SR.No.7727 of 2021 Date :05/08/2021 AAV MK/VR/SAR.IV/10.08.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2