Periyasami, v. Kanagavel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Second day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY IN SA(MD)SR.No.63973 of 2021 PERIYASAMI, ... PETITIONER/APPELLANT Vs 1 KANAGAVEL 2 KRISHNAKUMAR, 3 SANJAY GANDHI, 4 STATE OF TAMIL NADU THROUGH DISTRICT COLLECTOR, TIRUNELVELI.

5 NARAYANAPERUMAL, ... 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 710 days in representing the above Second Appeal in SA(MD) SR No.63973 of 2021 before this Honourable Court and thus render justice. PRAYER IN SA(MD)SR.No.63973 of 2021:

Pleased to set aside the Judgment and Decree dated 24.02.2021 passed in A.S.No.132 of 2018 on the file of the I Additional District Judge, Tirunelveli, confirming the Judgment and Decree dated 23.02.2018 passed in O.S.No.85 of 2012 on the file of the Principal Sub Judge, Tirunelveli, and to allow the Second Appeal. 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 1/3

arguments of M/S.N.RAHAMADULLAH, Advocate for the petitioner, the court made the following order:- This Petition is filed to condone the delay of 710 days in representing the Second Appeal before this Court.

2. Heard on either side and perused the materials available on record.

3. I have perused the affidavit filed in support of the petition. Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost.

4. This petition is allowed on condition that the petitioner shall pay the cost of Rs.500/- (Rupees Five Hundred only) to the credit of District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State Bank of India, Periyakulam Branch) within a period of one week from the date of receipt of a copy of this order.

5. On such payment being made, Registry is directed to number the appeal, if it is otherwise in order and list it for admission. sd/- 02/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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KSA TO 1 THE I ADDITIONAL DISTRICT JUDGE, TIRUNELVELI, 2 THE PRINCIPAL SUB JUDGE, TIRUNELVELI 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.

3 THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

ORDER

IN IN SA(MD)SR.No.63973 of 2021 Date :02/02/2024 SA/GS/SAR. /09.02.2024/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3