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Madras High CourtCMP(MD)/13366/2023allowed

M.Selvapakyam Thangam v. Vel Nadar

2024-09-02Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Second day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN in Rev.Aplc(MD)SR.No.5869 of 2022 M.SELVAPAKYAM THANGAM ... PETITIONER/PETITIONER Vs VEL NADAR ... RESPONDENT/RESPONDENT 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 531 days in representing Review(MD).Sr.No.5869 of 2022 and thus render justice. PRAYER IN Rev.Aplc(MD)SR.No.5869 of 2022:

To review Judgment and decree dated 18.11.2021 passed in SA No.591 of 2021 by this Hon'ble Court and allow appeal in S.A.No.591 of 2021 on the file of this Honourable Court by allowing this review petition. Prayer in SA(MD). 591/ 2021 :

To call for the records to set aside the judgment and decree AS.No.115 of 2014 dated 11-04-2019 passed by Learned Subordinate Court, Thoothukudi confirming the decree and judgment of Principal District Munsif Court Thoothukudi in O.S.NO.381 of 2010 dated 02-09-2014 and thus render justice. 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.R.PON KARTHIKEYAN, Advocate for the petitioner, the court made the following order:- 1/3

This application has been filed seeking to condone the delay of 531 days in representing the Review (MD) Sr.No.5869 of 2022.

2. Heard the learned counsel appearing for the petitioner.

3. Considering the reasons assigned in the affidavit filed in support of the application, this application is allowed on condition that the petitioner pays a sum of Rs.500/- (Rupees Five Hundred only) in the name of H.M.MDU East P U PRIM School, State Bank of India, Othakadai, Madurai, A/C.No.10111536270, IFSC SBIN0002246, on or before 18.09.2024, failing which, the petition shall stand dismissed automatically without further reference of this Court.

4. Registry is directed to number the review application and post the matter on 18.09.2024.

sd/- 02/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (CS-I/ II/ III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

am 2/3

TO THE SUBORDINATE JUDGE, THOOTHUKUDI THE PRINCIPAL DISTRICT MUNSIF, THOOTHUKUDI COPY TO 1.THE HEADMASTER, H.M.MDU EAST P U PRIM SCHOOL, OTHAKADAI, MADURAI, 2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in Rev.Aplc(MD)SR.No.5869 of 2022 Date :02/09/2024 RK/VR (05/09/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3