M.Rajendran v. S.Senthilmurugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01-07-2025

CORAM

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN IN SA(MD) SR NO. 50621 OF 2021 M.Rajendran S/o.Marappan, No.19/304, Vellalar Street, Minnampalli, Minnampalli Post, Manmangalam Taluk, Karur District. Petitioner(s) Vs S.Senthilmurugan S/o.Subburayan, No.82/A, V.O.C.Street, Vengamedu, Inam Karur Village, Karur Taluk and District.

Respondent(s) For Petitioner(s): Mr.P.Athimoola Pandian

ORDER

This petition is filed to condone delay of 1189 days in representing the above second appeal.

2. Heard the learned counsel for the petitioner and perused the affidavit filed in support of this petition.

1/3

3. It is seen that the second appeal papers, which were filed by the petitioner/appellant, were returned for certain clarifications on 05.10.2021. It is submitted that at that point of time, the petitioner's entire family got affected due to COVID-19, and they were not able to move out of their village. It is further submitted that due to the infection, the petitioner was affected by a heart ailment, and he was hospitalized continuously. After recovery, he contacted his counsel, and the counsel traced the bundle with great difficulty, and the same was represented before the court. However, the delay has occurred in representing the papers on time.

4. The delay that occurred has been explained in detail by the petitioner in paragraph 5 to 8 of the affidavit. Though there is an inordinate delay of 1189 days, in view of the explanation offered by the petitioner and also considering the fact that the petitioner's entire family got infected and the petitioner had a severe heart ailment and was continuously hospitalized, I am of the considered opinion that the delay could be condoned by putting the petitioner on terms.

5. In view of the above, this petition is ordered on condition that the petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Legal Service Committee, attached to this Bench, within a period of two weeks from the 2/3

date of receipt of a copy of this order, failing which, the petition shall stand automatically dismissed without any further reference to this Court. sd/- 01/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

skn COPY TO:

THE OFFICER INCHARGE, HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN SA(MD) SR NO. 50621 OF 2021 Date :01/07/2025 MK/08.07.2025 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3