Madras High CourtCMP(MD)/13100/2025allowed with costs

Kuthalingam v. Muthusamy

2025-11-05Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05-11-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI IN SA(MD) SR NO. 87838 of 2024 Kuthalingam Petitioner(s) Vs Muthusamy Respondent(s) For Petitioner(s):

Mr.G.Gomathisankar, Advocate For Respondent(s):

Mr.Deepak C, Advocate Prayer : Civil Miscellaneous Petition is filed to condone the delay of 134 days to file the above second appeal against the judgment and decree dated 12.03.2024 passed in A.S.No.43 of 2023 on the file of the Principal Sub Court, Tenkasi which confirmed the judgment and decree dated 1/4

22.02.2023 passed in O.S.No.9 of 2016 on the file of the District Munsif cum Judicial Magistrate Court, Shencottah.

ORDER

This Civil Miscellaneous Petition has been filed to condone the delay of 134 days in filing the Second Appeal in S.A.(MD)SR No.87838 of 2024 before this Court.

2. Heard the learned counsel appearing on either side, and I have perused the affidavit filed in support of this petition.

3. The learned counsel for the respondent submitted that this petition may be allowed by imposing cost.

4. Being satisfied with the reasons stated in the affidavit, and considering the duration of delay, and also considering the submission made by the learned counsel for the respondent, this Court is inclined to allow this petition on payment of cost. Accordingly, this petition is 2/4

allowed on payment of cost of Rs.500/- (Rupees Five Hundred only) by the petitioner to the respondent 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 any further reference to this Court. 05-11-2025 mkn 3/4

P.VADAMALAI, J.

mkn IN SA(MD) SR NO. 87838 of 2024 05.11.2025 4/4