V. Lakshmanan, v. Roman Catholic Church,
CMP(MD) No.10063 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixth day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN CMP(MD) No.10063 of 2021 AND SA(MD)SR.No.58523 of 2021 V.LAKSHMANAN ... PETITIONER/APPELLANT Vs ROMAN CATHOLIC CHURCH, BISHOP'S HOUSE, BRITTO NAGAR, MELUR ROAD, SIVAGANGAI TOWN, SIVAGANGAI DISTRICT, THROUGH ITS PROCURATOR ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order of condoning the delay of 321 days in filing the second appeal and thus render justice. PRAYER IN SA(MD)SR.NO.58523 OF 2021:
To pass a judgement and decree setting aside the judgement and decree dated 19.03.2019 passed in the appeal in A.S.No.13 of 2015 on the file of the Subordinate Court, Ramanathapuram confirming the judgement and decree dated 10.07.2014 passed in the suit in O.S.No.100 of 2012 on the file of the District Munsif Court, Ramanathapuram and dismissing the suit with costs throughout and thus allow the appeal with costs throughout.
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.J.BARATHAN, Advocate for the petitioner and of MR.K.RAGATHEESH KUMAR, ADVOCATE FOR M/S.ISSAC CHAMBERS on behalf of the Respondent, the court made the following order:- This Petition has been filed seeking to condone the delay of 321 days in filing the above Second appeal.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.10063 of 2021 3.The learned counsel appearing for the respondent has no objection in allowing this Petition.
4.In view of the same,this petition is ordered and the delay of 321 days in filing the above Second Appeal is condoned on condition that the Petitioner pays a sum of Rs.500/-(Rupees Five hundred only) as costs to the Government Higher Secondary School, Y. Othakadai, Madurai, bearing Account No.10968750674, 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. 5.Registry is directed to number the appeal if the papers are otherwise in order and list the matter along with SA(MD) No.816 of 2021.
sd/- 06/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SUBORDINATE JUDGE, RAMANATHAPURAM.
2 THE DISTRICT MUNSIF, RAMANATHAPURAM.
COPY TO THE OFFICER INCHARGE, GOVERNMENT HIGHER SECONDARY SCHOOL, Y.OTHAKADAI, MADURAI.
ORDER
IN CMP(MD) No.10063 of 2021 IN SA(MD)SR.No.58523 of 2021 Date :06/01/2022 RS/JM/SAR.1(11.01.2022) 2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2