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Madras High CourtCMP(MD)/1717/2022allowed

A. Mohamed Yusuf v. M. Karuppasamy

2024-12-11Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr.Justice N.Senthilkumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eleventh day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN and The HONOURABLE MR. JUSTICE N. SENTHILKUMAR in A.S.(MD) SR No.13949 of 2019 A. MOHAMED YUSUF ... Petitioner / Appellant Vs 1 M. KARUPPASAMY 2 M. ARUL SELVAM 3 S.M. SYED IBRAHIM 4 M. MADASAMY ... Respondents/ Respondents Civil Miscellaneous 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 282 days in filing the Appeal Suit in A.S.SR.(MD) No. 13949 of 2019 and thus render justice.

PRAYER IN A.S.(MD) SR No.13949 of 2019 To set aside the Judgement and decree dated 05.02.2018 passed in O.S.No.38 of 2012 on the file of the III-Additional District Court, Tirunelveli. ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon 1/3

perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S S.RAJESHKANNA, Advocate for M/s.V.MEENAKSHISUNDARAM, Advocate for the petitioner and of M/s.D.SRINIVASA RAGAVAN, Advocate on behalf of the R1 & R4 the court made the following order:- Taking into consideration the reasons adduced for the delay, we are inclined to condone the delay, however on certain terms.

2. Accordingly, this civil miscellaneous petition is allowed and the delay of 282 days in filing the above appeal is condoned subject to the payment of Rs.500/- (Rupees five hundred only) by the petitioner to the learned counsel for the respondents 1 & 4, within a period of two weeks from the date of receipt of a copy of this order.

3. Post the matter after two weeks for reporting compliance. sd/- 11/12/2024 / TRUE COPY / / 12 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

KRK TO The III-Additional District Judge, Tirunelveli. 2/3

ORDER

IN in A.S.(MD) SR No.13949 of 2019 Date :11/12/2024 PSP/ GSV /SAR /20.12.2024/ 3P/ 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3