P.Pownraj v. K.Kalamegam
CMP(MD) No.5586 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Second day of July Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CMP(MD) No.5586 of 2020 and SA(MD).SR.No.38913 of 2020 1 P.POWNRAJ 2 P.PONRAJ 3 RAJAMANI ... PETITIONERS/APPELLANTS Vs 1 K.KALAMEGAM 2 K.JEYAVEERAN ... 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 284 days in filing Second Appeal against the Judgment and Decree of the Hon'ble Principal District Judge, Tuticorin, in AS.No.47 of 2018 dated 28.06.2019. PRAYER IN SA(MD).SR.No.38913 of 2020:
To set aside the Judgment and Decree of the Hon'ble Principal District Judge, Tuticorin, in A.S.No.47 of 2018 dated 28.06.2019 by setting aside the Judgment and Decree passed in O.S.No.209 of 2015 dated 20.09.2018 by the Honourable Subordinate Judge, Kovilpatti, and Decree the suit as prayed for.
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 M/s.LAKSHMI GOPINATHAN, Advocate for M/s.POLAX LEGAL SOLUTIONS for the petitioners and of None appeared for the Respondents either in person or through by an Advocate, the court made the following order:- This petition has been filed by the petitioners seeking to condone the delay of 284 days in filing the Second Appeal. 2.Heard the learned counsel for the petitioners and no representation for the respondents.
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.500/- (Rupees Five Hundred only) to the Legal Aid https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.5586 of 2020 Service Authority, attached to this Bench, within a period of one week from the date of receipt of a copy of this order, failing which, the petition shall stand dismissed automatically without any further reference to this Court.
4.This petition is accordingly ordered.
5.Registry is directed to number the second appeal, if the papers are otherwise in order.
sd/- 02/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL DISTRICT JUDGE, TUTICORIN.
2 THE SUBORDINATE JUDGE, KOVILPATTI.
COPY TO:
THE AUTHORISED OFFICER, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY)
ORDER
IN CMP(MD) No.5586 of 2020 and SA(MD).SR.No.38913 of 2020 Date :02/07/2021 msa/cp JM/JC/SAR I/06.07.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2