Madras High CourtCMP(MD)/6809/2021ordered

Karuppasamy v. Jayalakshmi

2021-09-02Honourable Mr Justice A.D.Jagadish Chandira2 pages

CMP(MD) No.6809 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Second day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CMP(MD) No.6809 of 2021 IN SA(MD)SR.No.47767 of 2018 KARUPPASAMY ... PETITIONER/APPELLANT Vs 1 JAYALAKSHMI 2 GOMATHI 3 SUBRAMANIAN 4 VELRAJ ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order to condone the delay of 212 days in representing the Second Appeal in S.A.SR.No.47767 of 2018 on the file of this Hon`ble court.

PRAYER IN SA(MD)SR.No.47767 of 2018:

To set aside the judgment and Decree dated 19.02.2018 passed in A.S.No.47 of 2016 And Cross Objection in A.S.No.47 of 2016 on the file of the Additional District Judge(Fast Track), Tenkasi, modifying the Judgment and Decree dated 07.06.2016 passed in O.S.No.161 of 2010 on the file of the Principal Sub Court, Tenkasi by allowing this Second 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.D.NALLATHAMBI, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 212 days in representing the above Second Appeal.

2. Heard the learned counsel for the petitioner / appellant. 3.Taking into consideration of the submission made by the petitioner in para No.3 of the additional affidavit filed in support of this petition, this Court is inclined to condone the delay in representing the Second Appeal, but on terms. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.6809 of 2021

4. This petition will be allowed on payment of cost of Rs.500/- (Rupees Five Hundred Only) to the Legal Services Authority attached to the Madurai Bench of Madras High Court, Madurai, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

sd/- 02/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL DISTRICT JUDGE (FAST TRACK), TENKASI.

2.THE PRINCIPAL SUBORDINATE JUDGE, TENKASI.

COPY TO:

THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY)

ORDER

IN CMP(MD) No.6809 of 2021 IN SA(MD)SR.No.47767 of 2018 Date :02/09/2021 SA/VR/SAR.2/07.09.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2