Madras High CourtCMP(MD)/9287/2023allowed on condition

Kamuthai v. Deepan Subakar

2023-07-28Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Eighth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in S.A(MD)S.R.No.16267 of 2021 KAMUTHAI ... PETITIONER/APPELLANT Vs DEEPAN SUBAKAR ... RESPONDENT/RESPONDENT Civil Miscellaneous 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 497 days in re presenting the above appeal in SA(MD) SR No.16267 of 2021 before this Honourable Court and thus render justice. PRAYER IN S.A(MD)S.R.No.16267 of 2021:

To set aside the judgment of the learned Subordinate Judge, Palani(Kodaikanal camp Court) dated 23.01.2019 and made in AS No.79 of 2017 reversing the Judgment and decree dated 25.10.2017 and made in OS No.88 of 2012 on the file of District Munsif Court, cum-Judicial Magistrate, Kodaikanal and allow this Second Appeal pending on the file of this Hon'ble Court.

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ORDER : This Civil Miscellaneous 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.V.JANAKIRAMULU, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 497 days in representing the second appeal in S.R.No.16267 of 2021.

2. I have perused the affidavit filed in support of the petition. Considering the reasons stated in the petition, this Court is inclined to allow this petition on payment of cost.

3. This petition is allowed on condition to pay the cost of Rs.500/- to the credit of District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State Bank of India, Periyakulam Branch) within a period of one week from the date of receipt of a copy of this order. 2/4

4. On such payment being made, Registry is directed to number the appeal, if it is otherwise in order and list it for admission. sd/- 28/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tta TO 1.THE SUBORDINATE JUDGE, PALANI(KODAIKANAL CAMP COURT) . 2 THE DISTRICT MUNSIF COURT, CUM-JUDICIAL MAGISTRATE, KODAIKANAL.

COPY TO 1.THE SUB ASSISTANT REGISTRAR AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT MADURAI.

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3 THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

ORDER

IN in S.A(MD)S.R.No.16267 of 2021 Date :28/07/2023 RK /MMS(03/08/2023) 4P /6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4