M.Neelamegam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Third day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice SUNDER MOHAN IN SA(MD)SR.No.44915 Of 2021 M.NEELAMEGAM ... PETITIONER/APPELLANT Vs 1 THE DISTRICT COLLECTOR, MADURAI DISTRICT, MADURAI-625 020.
2 THE TAHSILDAR, MADURAI SOUTH, MADURAI DISTRICT-625 020.
3 THE BLOCK DEVELOPMENT OFFICER, THIRUPPARANKUNDRAM PANCHAYATH UNION, THIRUNAGAR, MADURAI-625 006.
4 M.ANANDAN, PRESIDENT, PANAIYUR PANCHAYATH, MADURAI-625 009.
... 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 by condoning the delay of 858 days in filing the Second Appeal and to pass any other or further orders as this Honourable Court deem fit and proper in the circumstances of the case and thus render justice.
PRAYER IN SA(MD)SR.No.44915 Of 2021:- To prefer this Memorandum of Grounds of Second Appeal to this Hon`ble Court as against the judgement and decree passed in A.S.No.59/2013 dated 19.06.2017 on the file of the 1st Additional Sub Court, Madurai, confirming the judgement and decree passed in O.S.No.264/2007 on the file of the District Munsif Court, Madurai Taluk dated 26.04.2013.
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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.M.PONNIAH, Advocate for the petitioner and of M/S.D.GHANDIRAJ, Special Government Pleader on behalf of the Respondents 1 to 3, no appearance for the respondent No.4 either in person or through by an advocate, the court made the following order:- This petition is filed to condone the delay of 858 days in filing the Second Appeal.
2. Mr.D.Ghandiraj, learned Special Government Pleader appearing for the respondents 1 to 3 fairly submitted that he has no objection for allowing the petition.
3. Though notice has been served on the fourth respondent, there is no appearance for the fourth respondent.
4. Hence, being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay is condoned. However, in view of the enormous delay, this Court deems it fit to impose a cost of Rs.2000/- (Rupees Two Thousand only) payable to the Honourable Chief Justice Relief Fund, within a period of two (2) weeks from the date of receipt of a copy of this order. The Civil Miscellaneous Petition is ordered on the said terms. sd/- 23/02/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
LM TO 1 THE 1ST ADDITIONAL SUB JUDGE, MADURAI.
2 THE DISTRICT MUNSIF, MADURAI TALUK.
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COPY TO THE SECTION OFFICER, ACCOUNT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S.M.PONNIAH Advocate SR.No.2736(I)
ORDER
IN IN SA(MD)SR.No.44915 Of 2021 Date :23/02/2023 NA/BUC/SAR-I/06.03.2023/3P/5C 3/3