Madras High CourtCMP(MD)/5727/2023allowed with costs

Elizabeth, v. Mangaleswaran

2023-08-10Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Tenth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN SA(MD)SR.No.64343 of 2022 ELIZABETH, ... PETITIONER/APPELLANT Vs MANGALESWARAN ... RESPONDENT/REPSONDNET 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 1511 days in filing the Second apeal and thus render justice. PRAYER IN SA(MD)SR.No.64343/2022:

Pleased to set aside the judgment and decree dated 11.04.2016 made in A.S.No.55 of 2014 on the file of Sub Court, Paramakudi and allow the appeal by confirming the judgment and decree dated 21.08.2014 made in O.S.No.47 of 2010 on the file of District Munsif Cum Judicial Magistrate Court, Kamuthi. ORDER : This Civil Miscellaneous 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.S.SANKAR, Advocate for the petitioner and none appeared for the Respondent side either in person or by an advocate, the court made the following order:- This petition has been filed to condone the delay of 1511 days in filing the above appeal.

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2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. Though the name of the sole respondent printed in the cause list, there is no representation on behalf of the respondent.

4. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on payment of cost of Rs.3,000/- (Rupees Three Thousand only) to the credit of the Account Number (A/c.No.7567821433, Indian Bank, High Court Branch Madurai (2001), IFSC Code:IDIB000H040) opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books in the name of "Madurai Bench of Madras High Court" in Kalaignar Centenary Library, Madurai, within a period of three 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.

sd/- 10/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE SUBORDINATE JUDGE, PARAMAKUDI.

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2 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, KAMUTHI.

COPY TO:

1 THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE OFFICER INCHARGE, KALAIGNAR CENTENARY LIBRARY, MADURAI

ORDER

IN IN SA(MD)SR.No.64343 of 2022 Date :10/08/2023 SA/VR/SAR. /21.08.2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3