P.K.Vijayakumar v. Maruthupandian,
CMP(MD) No.6799 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirteenth day of September Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CMP(MD) No.6799 of 2020 IN SA(MD)SR.No.48466 of 2020 P.K.VIJAYAKUMAR ... PETITIONER/APPELLANT Vs MARUTHUPANDIAN ... RESPONDENT/RESPONDENT 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 Condoning the Delay of 865 days in filing the Second Appeal.
PRAYER IN SA(MD)SR.No.48466 of 2020:
To pass a judgement and decree setting aside the judgement and decree dated 23/02/2018 passed in the appeal in A.S.No.39 of 2011 on the file of the Subordinate Court, Ramanathapuram reversing the judgement and decree dated 29/07/2011 passed in the suit in O.S.No.152 of 1997 on the file of the District Munsif Court, Ramanathapuram and decreeing the suit with costs throughout and thus allow the appeal with costs throughout.
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 Mr.J.BARATHAN, Advocate for the petitioner and of Mr.J.JOHN, Advocate for M/S.G.JERMIAH, Advocate for the Respondent, the court made the following order:- This Petition has been filed seeking to condone the delay of 865 days in filing the above Second Appeal.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.In view of the above submission,this Petition is ordered and the delay of 865 days in filing the above Second Appeal is condoned on condition that the Petitioner pays a sum of Rs.500/-(Rupees Five https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.6799 of 2020 Hundred only) to the Legal Services Committee attached to this Bench , within a period of one week from the date of receipt of a copy of this order, failing which, this Petition shall stand automatically dismissed, without further reference to this Court. sd/- 13/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
TO 1.THE SUBORDINATE JUDGE, RAMANATHAPURAM.
2.THE DISTRICT MUNSIF RAMANATHAPURAM.
COPY TO:
THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.(SOFT COPY)
ORDER
IN CMP(MD) No.6799 of 2020 IN SA(MD)SR.No.48466 of 2020 Date :13/09/2021 SA/JC/SAR.1/16.09.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2