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Madras High CourtCMP(MD)/9085/2018allowed

Jaya v. Elangovan

2019-06-27Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Seventh day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.9085 of 2018 IN SA(MD) No.SR25311 of 2017 JAYA ... PETITIONER/ APPELLANT Vs ELANGOVAN ... RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 837 days in filing this appeal in S.A.SR.No.25311 of 2017 in the interest of justice and thus render justice.

PRAYER IN SA(MD) No.SR25311 of 2017:

To set aside the judgment and decree in A.S.No.78 of 2013 on the file of the Sub-Court, Pudukkottai dated 28.11.2014 allowing the appeal by reversing the judgment and decree in O.S.No.24 of 2010 on the file of the District Munsif Court, Pudukkottai dated 30.08.2013 and allow this Second Appeal.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.N.BALAKRISHNAN, Advocate for the petitioner and of MR.R.P.RAMACHANDRAN, Advocate on behalf of the Respondents the court made the following order:- This petition is filed to condone the delay of 837 days in filing the second appeal. This Court is convinced with the reasons stated in the affidavit filed in support of the petition. Having https://hcservices.ecourts.gov.in/hcservices/

regard to the facts, this Court is of the view that the petition can be allowed on terms. Accordingly, this petition is allowed on condition that the petitioner pay a sum of Rs.3,000/- to the counsel for the respondent within a period of two weeks from the date of receipt of a copy of this order, failing which this petition stands dismissed automatically without further reference to this Court. sd/- 27/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, SUB COURT, PUDUKKOTTAI.

2 THE JUDGE, DISTRICT MUNSIF COURT, PURUKKOTTAI.

ORDER

IN CMP(MD) No.9085 of 2018 IN SA(MD) No.SR25311 of 2017 Date :27/06/2019 JM/VR/SAR 2/10.07.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/