Madras High CourtCMP(MD)/7774/2019dismissed

Rajagopal v. R.Baskaran

2023-03-08Honourable Mr Justice C. Saravanan2 pages

CMP(MD) No.7774 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eighth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice C.SARAVANAN CMP(MD) No.7774 of 2019 in CRP(MD) SR No.57051 of 2019 RAJAGOPAL ... Petitioner / petitioner Vs R.BASKARAN ... Respondent / Respondent Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 149 days in filing CRP(MD) SR.No.57051 of 2019.

Prayer in CRP(MD) SR No.57051 of 2019:

To set aside the Order dated 20.11.2018 made in I.A.No.587 of 2017 in O.S.No.1723 of 2006 on the file of the Principal District Munsif, Madurai, and allow this Civil Revision Petition. 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.SULAIHA FARVEEN ABBAS, Advocate for the petitioner the court made the following order:- There is no merits in the petition filed to condone the delay of 149 days. What has been challenged is the fair and decreetal order passed in O.P.No.1 of 2015 by the Principal District Judge, Madurai on 28.09.2016. Pursuant to the aforesaid order, the suit has also been numbered and taken on file.

The averments in the affidavit filed in support of the petition to condone the delay also indicates that issues have been framed. Thus, it is clear that the petitioner has also participated in the said proceedings and has filed written statement. Therefore, this Civil Miscellaneous Petition is liable to be dismissed. Accordingly, Civil Miscellaneous Petition is dismissed.

sd/- 08/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SN https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.7774 of 2019 To The Principal District Munsif, Madurai.

Copy to:

The Sub Assitant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CMP(MD) No.7774 of 2019 IN CRP(MD) SR No.57051 of 2019 Date :08/03/2023 ED/SBN/SAR-4 (21/03/2023) 2P 2C https://www.mhc.tn.gov.in/judis 2/2