Assistant Executive Engineer v. Radha,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in C.M.A.(MD)SR.No.58705 of 2024 ASSISTANT EXECUTIVE ENGINEER SUB-DIVISION NO.1, PUBLIC WORKS DEPARTMENT, COLLECTORATE POST, RAMANATHAPURAM.

... PETITIONER/APPELLANT Vs 1 RADHA, 2 GEETHA, 3 USHA, ... RESPONDENTS/RESPONDENTS 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 404 days in filing the civil miscellaneous appeal against the order passed in M.C.O.P.No.16 of 2022 dated 06-03-2023 on the file of the Motor Accident Claim Tribunal Cum Additional District Judge, Ramanathapuram and thus render justice. PRAYER IN C.M.A.(MD)SR.No.58705 of 2024:

To set aside the order passed in M.C.O.P.No.16 of 2022 dated 06.03.2023 on the file of Motor Accident Claims Tribunal cum Additional District Judge, Ramanathapuram by allowing this 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 MR.B.SARAVANAN, Additional Government Pleader for the petitioner and of MR.J.M.HASSANUL BAZARI, Advocate on behalf of the Respondents the court made the following order:- This Petition is filed to condone the delay of 404 days in preferring the above Civil Miscellaneous Appeal as against the order passed in M.C.O.P.No.16 of 2022, dated 6.3.2022, on the file of the Motor Accidents Claims Tribunal cum Additional District Judge, Ramanathapuram.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.The learned counsel for the second respondent strenuously objected to allow this Petition.

4.Accepting the reasons stated in the accompanying affidavit filed in support of this Petition, this Petition is allowed on condition that the Petitioner/appellant pay a sum of Rs.1,500/-(Rupees one thousand and five hundred only) towards costs to the credit of the Legal Services Committee attached to this Bench within a period of two 2/3

weeks from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically dismissed without further reference to this Court. sd/- 15/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

vsn TO THE ADDITIONAL DISTRICT JUDGE, MOTOR ACCIDENTS CLAIMS TRIBUNAL RAMANATHAPURAM. COPY TO THE OFFICER IN CHARGE, LEGAL SERVICES COMMITTEE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT & HARD COPY) +1. C.C. to THE SPECIAL GOVERNMENT PLEADER Advocate SR.No.66114(F)

ORDER

IN in C.M.A.(MD)SR.No.58705 of 2024 Date :15/11/2024 RK/GSV (23/11/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3