Madras High CourtCMP(MD)/10039/2023allowed on condition

Perumal Naicker, v. P.Jakkappan

2023-08-17Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Seventeenth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in SA(MD) SR No.10575 of 2022 PERUMAL NAICKER ... Petitioner / Appellant Vs 1.P.JAKKAPPAN 2.CHANDRAN ... 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 503 days in representing the SA(MD). SR. No. 10575 of 2022 on the files of this Honourable Court.

Prayer in SA(MD) SR No.10575 of 2022:

To set aside the judgment and Decree passed in A.S.No.14 of 2020 dated 31.08.2021 by the Subordinate Judge, Muthukulathur in confirming the Judgment and decree passed in O.S.No.33 of 2007 dated 28.07.2016 by the District Munsiff Cum Judicial Magistrate, Kamuthi and allow the second appeal. 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.A.JOHN XAVIER, Advocate for the petitioner, the court made the following order:- 1/3

This petition has been filed to condone the delay of 503 days in representing the second appeal in S.R.No.10575 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.1,000/- 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.

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/- 17/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB To 1.The Subordinate Judge, Muthukulathur.

2.The District Munsif cum Judicial Magistrate, Kamuthi.

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Copy to:

1.The District Siddha Medical Officer, CCRI, Periyakulam.

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

3.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in SA(MD) SR No.10575 of 2022 Date :17/08/2023 ED/ /SAR- (28/08/2023) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3