Madras High CourtCMP(MD)/12450/2018allowed

Radhakrishnan, v. V.Chandrasekar,

2022-07-21Honourable Mr Justice P. Velmurugan2 pages

CMP(MD) No.12450 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.12450 of 2018 IN AS(MD) No.SR46716 of 2018 RADHAKRISHNAN ... PETITIONER/APPELLANT Vs 1 V.CHANDRASEKAR 2 V.RANGARAJ 3 M/S.BLUE BURG RESORTS & DEVELOPMENTS PVT.LTD., REP.BY ITS MANAGING DIRECTOR, K.G.BINU.

... 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 319 days in filing the First Appeal. PRAYER IN AS(MD) No.SR46716 of 2018:

To set aside the judgment and decre in O.S.26 of 2011 dated 19.09.2017 on the file of the Learned Additional District & Sessions Judge, Theni at Periyakulam, and thereby allow the appeal. 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.S.VINAYAK, Advocate for the petitioner, the court made the following order:- This petition is filed to condone the delay of 319 days in filing the first appeal.

2. Though the reasons stated in the accompanying affidavit filed in support of the Petition are not satisfied, however, in order to give an opportunity to the petitioner to decide the matter on merits, this Petition is allowed on condition that the Petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) towards costs before the Registry to the credit of C.M.P(MD) No.12450 of 2018 within 10 days from today and on deposit of the same, the petition shall stand allowed and failing which, the Petition shall stand automatically dismissed without further reference to this Court.

https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.12450 of 2018

3. List the matter on 05.08.2022 for reporting compliance. sd/- 21/07/2022 / TRUE COPY / 25/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT & SESSIONS JUDGE, THENI AT PERIYAKULAM.

COPY TO 1.THE SUB ASSISTANT REGISTRAR(AE), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3.THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MDAURAI.

ORDER

IN CMP(MD) No.12450 of 2018 IN AS(MD) No.SR46716 of 2018 Date :21/07/2022 RK/JM/SAR-II/25.07.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2