V.Deepan v. A.Rajandran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Eleventh day of July Two Thousand and Twenty Five PRESENT THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN in AS(MD)Sr.No.48525 of 2025 V.Deepan ... Petitioner Vs A.Rajandran ... Respondent Prayer :- Civil Miscellaneous Petition filed under section 5 of Limitation Act to condone the delay of 16 days in filing the aforesaid appeal suit against the decree and judgment dated 07-08-2024 made in O.S.No.105 of 2018 on the file of Principal District Court, Karur.

Prayer in AS(MD)Sr.No.48525 of 2025:- This Petition filed under section 96 of Civil Procedure Code to set aside the Judgment and Decree dated 07.08.2024 made against the Appellant in O.S.No.105 of 2018 on the file of Principal District Court, Karur. 1/4

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. V. Nagarajan, Advocate for the Petitioner, this Court made the following order: This petition has been filed to condone the delay of 16 days in filing the afore said appeal.

2.By the order dated 23.06.2025, this Court ordered notice to the respondents and issued the following directions.

"2.Batta in 3 working days. Failing which, the petition shall stand dismissed automatically without any further reference to Court. Once batta is paid, Registry is directed to issue process on the same day. Since this Court ordered notice through Court and Post the petitioner is directed to pay batta of Rs.35/- each."

3.But, in spite of the above said order, batta was not paid within the time. 2/4

Therefore, this petition stands dismissed with liberty to file restoration petition. The appeal is also rejected in the SR stage itself. Sd/- Assistant Registrar ( C.S. I ) // True Copy // / /2025 Sub Assistant Registrar ( CS-I / II / III / IV ) TO The Principal District Court, Karur.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai 3/4

ORDER DATED : 11/07/2025 ==========================

ORDER

========================== in AS(MD)Sr.No.48525 of 2025 Giving direction and etc.

as stated within.

SB/29.07.2025 4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4