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Madras High CourtCMP(MD)/17778/2024allowed

Senthila, v. Vadivalagan

2024-12-16Honourable Mrs Justice R. Kalaimathi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Sixteenth day of December Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in CMA(MD)SR NO.85391 of 2023 1 SENTHILA, 2 NATARAJAN ... PETITIONER/PETITIONER/3rd PARTY Vs 1 VADIVALAGAN ... RESPONDENT/1st RESPONDENT/PLAINTIFF 2 KUMAR ALIAS VEERAKUMAR ... RESPONDENT/2nd RESPONDENT/ DEFENDANT Civil Miscellaneous 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 152 days in preferring the set aside petition. PRAYER in CMA(MD)SR NO.85391 of 2023:

To set aside the Fair and Decreetal order dated 15.06.2023 made I.A.No.67 of 2023 in O.S.No.40 of 2023 on the file of the learned Principal District Judge, Thanjavur, and allow this Civil Revision Petition. ORDER : This Civil Miscellaneous 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 Mr.DHILIPAN PANDIAN R L, Advocate for the petitioner and of MR.M.KARUNANITHI, Advocate on behalf of the 1st Respondent, the Court made the following order:- 1/3

Mr.M.Karunanithi, learned counsel takes notice for the first respondent. 2.The learned counsel appearing for the first respondent has no serious objection for allowing this application.

3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition shall be allowed on condition to pay costs of Rs.500/- (Rupees Five Hundred only) to the credit of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai -20 (payable in A/c.No.149710011000002, Andra Bank, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai - 36, Branch Name and Code:1497, MICR No.600011049, IFSC Code:ANDB0001497), within a period of two weeks from the date of receipt of a copy of this order. Failing which, this petition shall stand dismissed automatically without any further reference to this Court.

sd/- 16/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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NS TO THE PRINCIPAL DISTRICT JUDGE, THANJAVUR.

COPY TO:

THE CREDIT OF CANCER INSTITUTE (WIA), GANDHI NAGAR CANAL BANK ROAD, ADYAR, CHENNAI -20 +1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-15486[I] dated 16/12/2024 )

ORDER

IN in CMA(MD)SR NO.85391 of 2023 Date :16/12/2024 SS/GSV/SAR- /27/12/2024/ 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3