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Madras High CourtCMP(MD)/16435/2023allowed

Praveena v. Kannan

2024-09-04Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fourth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in C.M.S.A(MD)SR.No.85787 and 85788 of 2023 PRAVEENA ... PETITIONER/APPELLANT IN BOTH PETITIONS Vs KANNAN ... RESPONDENT/RESPONDENT IN BOTH PETITIONS Prayer in CMP(MD). 16435/ 2023 :

Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condoning the delay of 544 days in filing the Civil Miscellaneous second appeal and thus render justice.

Prayer in CMSA(MD)SR.85787/2023:

Pleased to pass a judgement and decree in favour of the appellant by setting aside the judgement and decree dated 12/01/20222 passed in the Civil Miscellaneous Appeal in HMCMA No.34 of 2019 on the file of the Principal District Court, Thoothukudi reversing the judgement and decree dated 19/09/2019 passed in HMOP No.93 of 2018 on the file of the Subordinate Court, Kovilpatti. Prayer in CMP(MD). 16436/ 2023 :

To Condoning the delay of 544 days in filing the Civil Miscellaneous second appeal and thus render justice.

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Prayer in CMSA(MD)SR.85788/2023:

Pleased to pass a judgement and decree in favour of the appellant by setting aside the judgement and decree dated 12/01/20222 passed in the Civil Miscellaneous Appeal in HMCMA No.35 of 2019 on the file of the Principal District Court, Thoothukudi reversing the judgement and decree dated 19/09/2019 passed in HMOP No.195 of 2018 on the file of the Subordinate Court, Kovilpatti. ORDER : These Civil Miscellaneous Petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.J.BARATHAN, Advocate for the petitioner in both Petitions and of none appeared for the Respondent side either in person or by an advocate in both Petitions, the court made the following order:- These petitions are filed to condone the delay of 544 days in filing the appeals.

2. Heard the learned counsel for the petitioners. (*)Notice sent privately to the respondent was served on 12.12.2023 and the notice sent by the Court was returned with an endorsement 'refused' and none entered appearance for the respondent.

3. Being satisfied with the reasons stated in the affidavit filed in support of the petitions, these petitions are allowed and the delay of 544 days in filing the appeals is condoned on condition that the petitioners shall pay a cost of Rs.1,000/- (Rupees One Thousand Only) each to the credit of the District Siddha Medical Officer CCRI PKM, A/c No 10767823177, IFSC Code : SBIN0000898, MICR CODE : 625002601, Branch: SBI Periyakulam, on or before 11.09.2024. 2/4

4. On production of proof for payment, the Registry is directed to number the appeals and post the appeals for admission.

sd/- 04/09/2024 (*)CLARIFIED AS PER THE ORDER OF THIS HON'BLE COURT in C.M.P(MD)Nos.16435 and 16436 of 2023 in C.M.S.A(MD)SR.No.85787 and 85788 of 2023 DATED 19/10/2024.

/ TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CM TO TO BE SUBSTITUTED WITH THE ORDER DATED 04/09/2024 ALREADY DESPATCHED.

1 THE PRINCIPAL DISTRICT JUDGE, THOOTHUKUDI.

2 THE SUBORDINATE JUDGE, KOVILPATTI.

COPY TO:

1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

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3 THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI PKM, PERIYAKULAM.

ORDER IN in C.M.S.A(MD)SR.No.85787 and 85788 of 2023 Date :04/09/2024 SA/VR/SAR. /09.09.2024/4P/6C CM SS/SKN/SAR- /14/11/2024/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4