S.Aathiyappan v. R.Selvasundar

C.M.P.(MD)No.12207 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifteenth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR and The Hon`ble Mr.Justice R.VIJAYAKUMAR C.M.P.(MD)No.12207 of 2022 in A.S.(MD)SR.No.17633 of 2022 S.AATHIYAPPAN ... APPELLANT/PLAINTIFF Vs R.SELVASUNDAR ... RESPONDENT/DEFENDANT 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 220 days in re-presenting the A.S. (MD).SR.No.17633 of 2022 on the file of this Honourable Court and thus render justice.

PRAYER IN A.S.(MD)SR.No.17633 of 2022:

To set aside the judgment and decree dated 31.03.2021 made in O.S.No.15 of 2014 on the file of Principl District Court, Theni, by allowing the First Appeal and decree the suit with cost. 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.IRFANA FATHIMA, Advocate for M/S AJMAL ASSOCIATES, for the petitioner and of M/S.SUSI KUMAR, Advocate on behalf of the Respondent the court made the following order:- [Order of the Court was made by D.KRISHNAKUMAR, J.] This Civil Miscellaneous Petition is filed to condone the delay of 220 days in filing the above Appeal Suit.

2.The learned counsel appearing for the respondent has no objection to condone the delay.

3.Being satisfied with the reasons stated in the accompanying affidavit, the delay of 220 days in filing the above Appeal Suit is condoned on payment of costs of Rs.1,000/- (Rupees One Thousand https://www.mhc.tn.gov.in/judis 1/2

C.M.P.(MD)No.12207 of 2022 only) to the Madurai Advocate Clerks Association (Regn. No.117/92), District Court Campus, Madurai - 625 020.

4.Registry is directed to number the Appeal Suit, if the papers are otherwise in order and post the Appeal Suit 'for Admission' in the usual course.

sd/- 15/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

myr TO THE PRINCIPL DISTRICT JUDGE, THENI.

COPY TO THE OFFICER IN CHARGE, MADURAI ADVOCATE CLERKS ASSOCIATION (REGN. NO.117/92), DISTRICT COURT CAMPUS, MADURAI - 625 020.

ORDER

IN C.M.P.(MD)No.12207 of 2022 in A.S.(MD)SR.No.17633 of 2022 Date :15/12/2022 RK/MMS/SAR-3 (23/12/2022) 2P/3C https://www.mhc.tn.gov.in/judis 2/2