Madras High CourtCMP(MD)/6895/2021allowed

Sekar v. Govt.Of Tamilnadu

2021-08-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday,the Twenty Fifth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN C.M.P.(MD)No.6895 of 2021 in A.S.(MD)No.SR48458 of 2017 1 SEKAR 2 YESUDASANRAJA ... PETITIONERS/PETITIONERS/APPELLANTS Vs 1 GOVERNMENT OF TAMILNADU REP. BY THE DISTRICT COLLECTOR, TIRUNELVELI.

2 THE TAHSILDAR ALANGULAM TALUK, TIRUNELVELI DISTRICT.

3 KADANGANERI VILLAGE PANCHAYAT, REP.BY ITS PRESIDENT, ALANGULAM TALUK, TIRUNELVELI DISTRICT. ... RESPONDENTS/RESPONDENTS/RESPONDENTS 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 131 days in filing the restoration petition in CMP(MD)No.10567 of 2019 in AS(MD)SR.No.48458 of 2017. PRAYER IN A.S.(MD)No.SR48458 of 2017:

To set aside the Judgment and Decree dated 30.08.2017 passed in O.S.No.01 of 2014 on the file of the Additional District Judge(Fast Track), Tenkasi and allow the First Appeal.

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.G.PRABHU RAJADURAI, Advocate for the petitioners and of MR.R.RAGAVENDIRAN, Advocate on behalf of the Respondents, the court made the following order:- C.M.P.(MD)No.10567 of 2019 was filed for condoning the delay of 659 days in representing A.S.(MD)SR.No.48458 of 2017. The C.M.P. was allowed on payment of cost of Rs.2,000/-. The cost amount was not paid. Therefore, the C.M.P. stood dismissed automatically. To set aside the same, the petitioner has filed C.M.P.(MD)No.SR.36933 of https://hcservices.ecourts.gov.in/hcservices/

2021. But there was a delay of 131 days in filing the said petition. To condone the same, C.M.P.(MD)No.6895 of 2021 has been filed.

2. C.M.P.(MD)No.6895 of 2021 is allowed. C.M.P.(MD)No.SR36933 of 2021 is also allowed. A.S.(MD)No.SR48458 of 2017 shall be numbered on filing of the said cost memo.

Sd/- 25/08/2021 / TRUE COPY / / /2021 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 ADDITIONAL DISTRICT JUDGE (FAST TRACK), TENKASI.

ORDER

IN C.M.P.(MD)No.6895 of 2021 in A.S.(MD)No.SR48458 of 2017 Date :25/08/2021 VB/VR/SAR.III/01.09.2021/2P/2C https://hcservices.ecourts.gov.in/hcservices/