Madras High CourtCMP(MD)/16563/2023allowed with costs

S.Thangarajan v. Murugan

2024-02-26Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Sixth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI Rev.Applc(MD).SR.No.87383 of 2023 S.THANGARAJAN ... PETITIONER/PETITIONER Vs 1 MURUGAN 2 S.NAGARAJAN 3 S.RAJA 4 S.SIVAKAMI 5 T.KANNAN 6 T.RAJA 7 M.GEETHA 8 T.TAMILARASI 9 MUTHU @ PERIYASAMY ... RESPONDENTS/RESPONDENTS 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 82 days in filing the review application made in C.R.P(MD) No.2138 of 2019 order dated 27.06.2023.

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PRAYER in Rev.Applc(MD).SR.No.87383 of 2023:

To review the order of this Hon'ble Court made in CRP(MD)No.2138/2019, dated 27.06.2023, and to allow the review application. Prayer in CRP(MD). 2138/ 2019 :

Pleased to call for the records relating with the Executable order and Fair order 22.03.2018 and made in E.A. No. 170/2017 in E. A. No. 129 /2010 in E.P. No. 68 / 2008 in O.S. No. 83/1986 on the file of Sub Judge, Theni and set aside the same. 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.R.SURIYA NARAYANAN, Advocate for the petitioner and of Mr.M.PONNIAH, Advocate on behalf of the Respondents 1 to 8, the Court made the following order:- This petition has been filed to condone the delay of 82 days in filing the above review application.

2. Heard both sides and perused the materials available on record.

3. The learned counsel appearing for the respondents 1 to 8 raised formal objections to allow this petition.

4. Being satisfied with the reasons stated in the affidavit filed in support of this petition and also considering the duration of delay, this Court is inclined to allow this petition on payment of cost.

5. Accordingly, this petition is allowed on payment of cost of Rs.3,000/- (Rupees Three Thousand only) to the respondents on or before 2/3

15.03.2024, failing which this petition shall stand dismissed automatically without any further reference to this Court.

6. Post on 15.03.2024 for reporting compliance. sd/- 26/02/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO THE SUBORDINATE JUDGE, THENI.

ORDER

IN Rev.Applc(MD).SR.No.87383 of 2023 Date :26/02/2024 SS/VR/SAR- /04/03/2024/3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3