Madras High CourtCMP(MD)/8009/2023allowed on condition

Maaran v. Rajkumar

2023-07-11Honourable Mr Justice P.Vadamalai2 pages

CMP(MD) No.8009 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eleventh day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI CMP(MD) No.8009 of 2023 in SA(MD) SR No.18519 of 2022 MAARAN ... Petitioner / Appellant Vs 1 RAJKUMAR 2 KARTHIKEYAN 3 MANICKAM ... 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 422 days in re-presenting the second appeal in SA(MD) SR No.18519 of 2022.

Prayer in SA(MD) SR No.18519 of 2022:

To set aside the judgement and decree passed in A.S.No.1 of 2021 dated 29.11.2021 on the file of the Sub-Court, Aranthangi reversing the judgement and decree in O.S.No.23 of 2012 dated 17.12.2020 on the file of the District Munsif Court, Aranthangi 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 M/S.B.S.MELTIUE, Advocate for the petitioner, the court made the following order:- This application has been filed to condone the delay of 422 days in representing the above Second Appeal.

2. Perused the affidavit filed in support of this application and considering the reasons stated in the affidavit, I am inclined to allow this petition on terms. The civil miscellaneous appeal is allowed on a condition that the petitioner/appellant pays a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of to the Officer-in-Charge, Advocate Clerk's Welfare Association, Madurai Bench of Madras High Court, Madurai, (A/c.No.496039124, IFSC: IDIB000H040, Indian Bank, High Court, Madurai Branch) within a https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.8009 of 2023 period of one week from the date of receipt of a copy of this order, failing which, the petition shall stand automatically dismissed without further reference to this Court.

3. On such compliance, Registry is directed to number the Second Appeal, if it is otherwise in order and list the same for admission.

sd/- 11/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SN To 1.The Sub Judge, Aranthangi.

2.The District Munsif, Aranthangi.

Copy to:

1.The Officer Incharge, Advocate Clerk's Welfare Association, Madurai Bench of Madras High Court, Madurai.

2.The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai.

3.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.B.S.MELTIUE, Advocate ( SR-10523[I] dated 12/07/2023 )

ORDER

IN CMP(MD) No.8009 of 2023 in SA(MD) SR No.18519 of 2022 Date :11/07/2023 ED/DD/SAR- (17/07/2023) 2P 7C https://www.mhc.tn.gov.in/judis 2/2