William Jhon v. R.Babu Antony
CMP(MD) No.5665 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twentieth day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CMP(MD) No.5665 of 2020 and SA(MD)SR.No.35970 of 2020 WILLIAM JHON ... PETITIONER/APPELLANT Vs T.BABU ANTONY ... 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 233 days in filing the above Second Appeal. PRAYER IN IN SA(MD)SR.No.35970 of 2020:
To set aside Judgment and Decree dated 15.10.2019 made in A.S.No.43 of 2015 on the file of Additional District and Session Court, Nagercoil, Kanyakumari District, confirming the judgment and decree dated 05.11.2014 made in O.S.No.43 of 2008 on the file of Principal Sub Court, Nagercoil, and to dismiss the suit with costs. 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.A.ARUMUGAM, Advocate for M/S.AJMAL ASSOCIATES, for the petitioner, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 233 days in filing the Second Appeal. 2.There is no representation for the respondent. 3.
Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.1000/- (Rupees one thousand only) to the Legal Aid Service Authority, attached to this Bench, on or before 28.04.2021, failing which, the petition shall stand dismissed automatically without any further reference to this Court.
4.This petition is accordingly ordered.
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CMP(MD) No.5665 of 2020
5. In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order and list the same "for admission".
sd/- 20/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL DISTRICT CUM SESSION COURT, NAGERCOIL, KANYAKUMARI DISTRICT.
2 THE PRINCIPAL SUBORDINATE JUDGE, NAGERCOIL. COPY TO:
THE OFFICER IN-CHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.5665 of 2020 and SA(MD)SR.No.35970 of 2020 Date :20/04/2021 AM/PN/SAR-3/26.04.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2