Thirumalaisamy v. Rasu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Second day of January Two Thousand and Twenty Four PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN and The Hon`ble Mr.Justice C.KUMARAPPAN in A.S.(MD)No.SR. 57300 of 2022 THIRUMALAISAMY ... PETITIONER/APPELLANT Vs RASU ... 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 100 days in filing the above Appeal against the judgment and Decree dated 10.05.2021 passed in O.S.No.28 of 2018 on the file of the Learned Fast Track Mahila Court, Dindigul and thus render justice. PRAYER IN AS(MD)SR.No.57300/2022:

Pleased to set aside the Judgement and decree dated 10.05.2021 made in O.S.No.28 of 2018 on the file of the Learned Fast Track Mahila Court, Dindigul 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.S.KARTHIK, Advocate for the petitioner, the court made the following order:- The appeal has been filed challenging the money decree passed by the trial Court. The defendant has filed the appeal with the delay of 100 days. Being a money decree, there is a right of appeal to the judgment debtor and the delay of 100 days in filing the appeal is condoned and this petition is ordered on condition for payment of costs of Rs.5,000/- (Rupees Five Thousand only) payable to the respondent / decree holder, within a period of three weeks from today, failing which this application will stand dismissed automatically, without any further reference to this Court. On proof of such payment, the appeal shall be numbered and listed, if it is otherwise in order. sd/- 02/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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SM TO THE FAST TRACK MAHILA JUDGE, DINDIGUL.

ORDER IN in A.S.(MD)No.SR. 57300 of 2022 Date :02/01/2024 SA/VR/SAR. /08.01.2024/3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3