Nagarajan v. Jahir Hussain

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Sixteenth day of July Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G. ARUL MURUGAN S.A.(MD) SR.No.89091 of 2023 NAGARAJAN ... PETITIONER(S) Vs 1 JAHIR HUSSAIN 2 NIJAM 3 ABDUL MAJEETH ... RESPONDENT(S) For Petitioner : S.Alagusundar, Advocate

ORDER

This petition is filed to condone the delay of 553 days in representing the Second Appeal.

2. Even prior to numbering this application, by mistake, this delay had been 1/3

entered in other petition, which was pending in S.A.(MD).SR.No.89091 of 2023 and the said petition, which was filed to condone the delay in filing the second appeal, was numbered as C.M.P.(MD) No.10659 of 2025. Both the C.M.Ps. are listed today.

3. In view of the mistake occurred, in C.M.P.(MD) No.10659 of 2025, in which there is actual delay of 619 days in filing the second appeal, has been wrongly entered as 553 days.

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

5. The delay has been explained in paragraph 3 of the affidavit.

6. Satisfied with the reasons and considering the fact that the delay is more than 500 days, I am of the considered opinion that the delay could be condoned, by putting the petitioner to terms.

7. In view of the above, the delay of 553 days in representing the S.A.(MD) SR.No.89091 of 2023 is condoned, on condition, petitioner pays a sum of Rs.2,000/- 2/3

to the Tamil Nadu State Legal Services Authority, attached to this Court, within a period of one week from today, failing which the Civil Miscellaneous Petition shall stand automatically dismissed.

8. On costs being paid and Memo filed, list C.M.P.(MD) No.10659 of 2025. sd/- 16/07/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

To THE OFFICER INCHARGE, TAMIL NADU STATE LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN Date :16/07/2025 SBN/21.07.2025 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3