Madras High CourtCMP(MD)/10826/2023allowed on condition

N.Anand Sudharsan v. Subbiah

2023-09-04Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in S.A(MD)S.R.No.10359 of 2022 N.ANAND SUDHARSAN ... PETITIONER/APPELLANT Vs 1 SUBBIAH 2 NAGARAJ 3 RENGAMMAL 4 NARANAMMAL @ NALINI ... RESPONDENTS/RESPONDENTS 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 504 days in representing the above second appeal in SA.(MD). SR.No.10359 of 2022 and thus render justice.

PRAYER IN S.A(MD)S.R.No.10359 of 2022:

Second Appeal filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the judgment and decree passed in A.S.No.8 of 2019 dated 03.01.2022 on the file of the Subordinate Judge, Kovilpatti confirming the Judgment and decree passed in O.S.No.176 of 2011 dated 20.12.2018 on the file of the District Munsif Court, Kovilpatti and to allow the Second Appeal.

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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.V.SASI KUMAR, Advocate for the petitioner,the court made the following order:- This petition has been filed to condone the delay of 504 days in representing the second appeal in S.R.No.10359 of 2022.

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.2,000/-(Rupees Two Thousand only) to the credit of Account Number (A/c.No.7567821433, Indian Bank, High Court Branch Madurai (2001), IFSC Code:IDIB000H040) opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books in the name of "Madurai Bench of Madras High Court" in Kalaignar Centenary Library, Madurai, within a period of 10 days from the date of receipt of a copy of this order.

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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/- 04/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1.THE SUBORDINATE JUDGE, KOVILPATTI 2.THE DISTRICT MUNSIF, KOVILPATTI COPY TO 1.THE REGISTRAR(JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SUB ASSISTANT REGISTRAR(AE) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

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4 THE OFFICER IN CHARGE, KALAIGNAR CENTENARY LIBRARY, MADURAI.

ORDER

IN in S.A(MD)S.R.No.10359 of 2022 Date :04/09/2023 RK/VRS (08/09/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4