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Madras High CourtCMP(MD)/18347/2024allowed with costs

Nelson (Died) Joseph (Amended As Jacob) v. Jeyanthi

2025-10-24Honourable Ms.Justice R. Poornima4 pages

CMP(MD) NO. 18347 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-10-2025

CORAM

THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) NO. 18347 of 2024 IN CMA(MD) SR NO. 79893 OF 2022 Nelson (Died) Joseph (Amended as Jacob) S/o Nelson, No.4/27, Shanthi Nagar, Palayamkottai, Tirunelveli District.

Petitioner(s) Vs

1. Jeyanthi W/o. Gnanaraj, No.69/70, Christian Nagar B Colony, K.T.C.Nagar North Maharaja Nagar Post, Tirunelveli.

2. Jesudhass Marsilin S/o. Gnanaraj, No.69/70, Christian Nagar B Colony, K.T.C.Nagar North Maharaja Nagar Post, Tirunelveli.

3. Solamon S/o. Gnanaraj, No.69/70, 1/4

Christian Nagar B Colony, K.T.C.Nagar North Maharaja Nagar Post, Tirunelveli.

4. Peter S/o. Gnanaraj, No.69/70, Christian Nagar B Colony, K.T.C.Nagar North Maharaja Nagar Post, Tirunelveli.

Respondent(s) For Petitioner(s):

Mr.T.A. Ebenezer M.Subramanian For Respondent(s):

M/s. K.Siva R.Manojkumar For R1 To R4 Sr.742 Dt.03.01.2025 Prayer: Civil Miscellaneous Petition filed under Order 9 Rule 4(4) of A.S.Rules, to Condone the delay of 633 days in representing the appeal in CMA(MD) SR No.79893 of 2022 as against the decree and judgment in MCOP No.80 of 2011 on the file of the Additional District and Sessions Court/Motor Accident Claims Tribunal, Fast Track Court No.1, Tirunelveli.

ORDER

This Petition is filed to condone the delay of 633 days in representing the 2/4

appeal in CMA(MD) SR No.79893 of 2022 as against the decree and judgment in MCOP No.80 of 2011 on the file of the Additional District and Sessions Court/Motor Accident Claims Tribunal, Fast Track Court No.1, Tirunelveli. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.For the reasons stated in the accompanying affidavit filed in support of the Petition and on not being satisfied with the same and in the interest of justice, this Petition is allowed, however, on condition that the Petitioner pays a sum of Rs.1500/-(Rupees thousand and five hundred only) towards costs to the credit of Legal Services Committee attached to this Bench on or before 4.11.2024.

5.Post the matter on 4.11.2025 under the caption ''for reporting compliance''.

24-10-2025 vsn 3/4

R.POORNIMA,J .

vsn ORDER MADE IN CMP(MD) NO. 18347 of 2024 IN CMA(MD) SR NO. 79893 OF 2022 24.10.2025 4/4