Madras High CourtCMP(MD)/9849/2021allowed

Ramanathan v. Abusalihu

2021-11-29Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

C.M.P(MD)No.9849 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Ninth day of November Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN C.M.P(MD)No.9849 of 2021 in S.A(MD)SR.No.66994 of 2019 R.RAMANATHAN ... PETITIONER/ APPELLANT Vs 1 ABUSALIHU 2 RAJAGOPAL 3 KANNAN 4 RAJENDRAN ... 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 194 days in representing the main second appeal in SA(MD) No. 66994/2019 on the file of this Honourable Court by allowing this Civil miscellaneous petition. PRAYER IN S.A(MD)SR.No.66994 of 2019:

To prefer this Memorandum of Second Appeal against the Decree and Judgment of the subordinate Judge, Ramanathapuram, Ramanathapuram District in A.S.No.21 of 2016 dated 24.04.2019 by confirming the decree and Judgment of the District Munsif Court, Ramanathapuram in O.S.No.37 of 2010 dated 27.06.2016. 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.D.BALAMURUGAPANDI, Advocate for the petitioner, the court made the following order:- This Petition has been filed seeking to condone the delay of 194 days in representing the appeal papers in the above Second Appeal.

2.Heard the learned counsel appearing for the Petitioner and perused the materials placed before this Court. 3.For the reasons assigned in Paragraph Nos.3 and 4 of the accompanying affidavit and also considering the length of delay, this Court is of the view that this Petition may be ordered, on payment of costs.

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C.M.P(MD)No.9849 of 2021 4.In view of the above, this Petition is ordered and the delay of 194 days in representing the above Second Appeal is condoned on condition that the Petitioner pay a sum of Rs.500/- (Rupees Five Hundred only) to the Advocates Welfare Fund, Madurai Bench of Madras High Court, bearing Account No.7087208431 in Indian Bank, High Court Branch, Madurai, towards costs, within a period of one week from the date of receipt of a copy of this order, failing which, this Petition shall stand automatically dismissed, without further reference to this Court.

sd/- 29/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE SUBORDINATE JUDGE, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

2 THE DISTRICT MUNSIF, RAMANATHAPURAM.

COPY TO:

THE OFFICER INCHARGE, ADVOCATES WELFARE FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to Mr.D.BALAMURUGAPANDI, Advocate (SR-8613[I] dated 29/11/2021)

ORDER

IN C.M.P(MD)No.9849 of 2021 in S.A(MD)SR.No.66994 of 2019 Date :29/11/2021 rm MK/VR/SAR.II/02.12.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2