K.Anandan, S/O. Karuppusamy, v. K.S.Eswaran,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Sixth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.10756 of 2018 IN SA(MD) No.SR44623 of 2018 K.ANANDAN ... PETITIONER/APPELLANT/ RESPONDENT/DEFENDANT Vs K.S.ESWARAN ... RESPONDENT/ RESPONDENT/ APPELLANT/ PLAINTIFF 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 327 days for filing the Second Appeal before this Honourable Court and thus render justice. PRAYER IN SA(MD) No.SR44623 of 2018:
To set aside the Decree and judgment dated 31.08.2017 passed in A.S.No.48 of 2016 on the file of the Principal District Judge, Dindigul by reversing the judgment and decree dated 29.03.2016 passed in O.S.No.245 of 2012 on the file of Sub Court, Vedasandur, Dindigul District.
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.J.MATHESH, Advocate for the petitioner and of Mr.S.GOKUL RAJ, Advocate on behalf of the Respondent, the court made the following order:- This Court is fully convinced with the reasons stated in the affidavit filed in support of the petition. However, the delay is inordinate and the respondent would be put to much inconvenience and hardship. Hence, this Court is inclined to allow this petition on terms.
2. Accordingly, this petition is allowed and the delay is condoned on condition that the petitioner pay a sum of Rs.2,000/- to the respondent counsel within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall https://hcservices.ecourts.gov.in/hcservices/
stand dismissed automatically without any reference to this Court. Registry is directed to number the above, if the papers are otherwise in order and after showing the proof of payment. sd/- 26/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL DISTRICT JUDGE, DINDIGUL 2 THE SUBORDINATE JUDGE, VEDASANDUR, DINDIGUL DISTRICT.
COPY TO:
THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.10756 of 2018 IN SA(MD) No.SR44623 of 2018 Date :26/06/2019 MS/PN/SAR-3/03.07.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/