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Madras High CourtCMP(MD)/9875/2017allowed

Gerasal Pereira v. M/S.Amudha International,

2021-12-17Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Seventeenth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN CMP(MD) No.9875 of 2017 IN SA(MD) No.SR14868 of 2005 GERASAL PEREIRA ... APPELLANT/APPELLANT/DEFENDANT Vs AMUDHA INTERNATIONAL REP. BY ITS PARTNER L.RAJAGOPAL, P.B.NO.202, GAYATHRI COMPLEX, RAMKRISHNAPURAM WEST, KARUR - 639 001. ...RESPONDENT/RESPONDENT/PLAINTIFF 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 47 days in filing the above second appeal.

PRAYER IN SA(MD)NO.SR14868/2005:

Memorandum of Second Appeal to this Hon'ble Court against the Judgment and decree dated 27.08.2003 passed by this Learned District Judge, Karur in A.S.No.18 of 2003 in confirming the decree and Judgment passed by the learned Subordinate Judge, Karur, dated 23.07.2002 in O.S.No.149/1998.

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.K.SARAVANAN, Advocate for the petitioner and of MR.V.KARTHIKEYAN, Advocate for the Respondent the court made the following order:- This Petition has been filed seeking to condone the delay of 47 days in filing the above Second appeal.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The learned counsel appearing for the respondent has no objection in allowing this Petition.

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4.In view of the same, this petition is ordered and the delay of 47 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. sd/- 17/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT JUDGE, KARUR.

2 THE SUBORDINATE JUDGE,KARUR.

COPY TO THE HEAD MASTER GOVERNMENT HIGHER SECONDARY SCHOOL, Y.OTHAKADAI, MADURAI.

(ACCOUNT NO.10968750674)

ORDER

IN CMP(MD) No.9875 of 2017 IN SA(MD) No.SR14868 of 2005 Date :17/12/2021 VB/JC/SAR-III/22.12.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/