Madras High CourtCMP(MD)/10855/2019ordered

A.Jeyam v. S.Viswanathan

2021-02-05Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifth day of February Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.10855 of 2019 IN CMA(MD)SR.No.66937 of 2019 1 A.JEYAM 2 A.ANANTHA SUBRAMANIAM ... PETITIONERS/PETITIONERS Vs 1 S.VISWANANTHAN 2 A.ANANTHA SRINIVASAN ... 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 195 days in filing this Civil Miscellaneous Appeal.

Prayer in CMA(MD)SR.No.66937 of 2019:

To set aside the order passed in E.A.No.4 of 2017 in E.P.No.23 of 2015 in O.S.No.55 of 2013 on the file of 1st Additional District Court, Thoothukudi.

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.C.HEROLD SINGH, Advocate for the petitioners and of Mr.B.RAJESH SARAVANAN, Advocate for the 1st Respondent and Mr.J.PANDI DORAI, Advocate for 2nd Respondent, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 195 days in filing the above Civil Miscellaneous Appeal.

2. Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.1,000/- (Rupees One Thousand only) to the Legal Services Committee, attached to this Bench, within a period of two weeks from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

https://hcservices.ecourts.gov.in/hcservices/

3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 05/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE I ADDITIONAL DISTRICT JUDGE, THOOTHUKUDI.

COPY TO:- THE AUTHORIZED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.10855 of 2019 IN CMA(MD)SR.No.66937 of 2019 Date :05/02/2021 PKN TE/JC/SAR-II : 10/02/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/