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Madras High CourtCRP(MD)/776/2020allowed

G.Bharathi v. A.Santhiya

2020-11-24Honourable Mr Justice N. Seshasayee2 pages

C.R.P.(NPD)(MD)No.776 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.SESHASAYEE C.R.P(NPD)(MD)No.776 of 2020 G.Bharathi ... Petitioner/Petitioner/Appellant Vs.

A.Santhiya

...Respondent/Respondent/Respondent

PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside he order dated 17.03.2020 in I.A.No.1335 of 2019 in unnumbered HMCMA.No. of 2019 on the file of Principal District Judge, Madurai.

For Petitioner : Mr.K.Muthu Ganesa Pandian For Respondent : Mr.L.Prabhu

ORDER

The present Civil Revision Petition is laid challenging the order passed in I.A.No.1335 of 2019 in unnumbered HMCMA.No. of 2019, which was filed to condone the delay of 477 days in filing the appeal against the order dated 26.7.2017 passed in H.M.O.P.No.50 of 2013.

2.Heard both sides.

3.The learned trial Judge had dismissed the petition on the ground that sufficient reasons were not given for condoning the delay in preferring an appeal.

4.On perusing the materials available on record, this Court is of the view that the petitioner may be given one more opportunity to prosecute the case. However, it is seen that the respondent is put to much inconvenience due to the delay and hence, this Court imposes a cost of Rs.2,000/-(Rupees Two Thousand only) on the petitioner, which is payable to the respondent.

5.In the result, the Civil Revision Petition is allowed as above.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Tsg-2 https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(NPD)(MD)No.776 of 2020 To The Principal District Judge, Madurai.

C.R.P.(NPD)(MD)No.776 of 2020 24.11.2020 SGS(CO) AP(03/12/2020) 2 P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2