The Madurai Bench condoned a delay of 402 days in filing a conditional mandamus petition seeking condonation of delay for a Second Appeal, imposing a condition to pay ₹1,000 to Rojavanam Homeless & Aged Care Centre within one week.
Delay of 402 days condoned upon payment of Rs. 1,000 to Rojavanam Homeless & Aged Care Centre within one week.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Twenty Fourth day of February Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice M.DURAISWAMY
CMP(MD) No.1835 of 2017 IN SA(MD) No.SR49459 of 2015
ANNADURAI CHETTIAR, ... PETITIONER/APPELLANT
Vs
SUBRAMANIAN ... RESPONDENT/RESPONDENT
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 402 days in representing the S.A.S.R(MD) No.49459 of 2015 and thus render justice.
PRAYER IN SA(MD) No.SR49459 of 2015:Second Appeal against the Judgment and Decree dated:28.07.2015 made in A.S.No.1 of 2014 on the file of the Sub Court, Sivagangai confirming the judgment and decree dated:19.11.2013 made in O.S.No.9 of 2010 on the file of the District Munsif, Sivagangai.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.VIJAYAKUMAR, Advocate for the petitioner the court made the following order:-
Heard the learned counsel for the petitioner.
2.There is a delay of 402 days in representing the papers. In paragraph No.4 of the affidavit filed in support of the petition, the petitioner has satisfactorily explained the reasons for the delay. Though the petitioner has satisfactorily explained the reasons for the delay, since the delay is on the higher side, I am of the view that in the interest of Justice, the delay can be condoned on payment of cost. Accordingly, the delay of 402 days in https://hcservices.ecourts.gov.in/hcservices/ representing the papers is condoned on condition that the petitioner
paying a sum of Rs.1,000/- (Rupees one thousand only) to the
Rojavanam Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai within a period of one week from the date of receipt of a copy of this order, failing which the petition shall stand automatically dismissed without further reference to this Court.
3.Accordingly, the petition is ordered.
sd/24/02/2017 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE SUBORDINATE JUDGE, SIVAGANGAI
2 THE DISTRICT MUNSIF, SIVAGANGAI
Copy to: The Officer Incharges Rojavanam Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai
ORDER IN CMP(MD) No.1835 of 2017 IN
SA(MD) No.SR49459 of 2015 Date :24/02/2017 SM:MR:SAR I:01.03.2017:2p/4c
1 issue framed by the court
Whether to condone the delay of 402 days in representing the Second Appeal petition.
1 provisions across 1 enactments
ANNADURAI CHETTIAR
SUBRAMANIAN
M. DURAISWAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
