Condones 213-day delay in filing second appeal subject to payment of Rs.500 cost to Legal Services Authority within one week; otherwise dismisses petition automatically and directs Registry to number appeal if cost paid.
Delay condoned subject to payment of Rs.500 cost within one week; order dismissed automatically if not paid.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Twenty Second day of April Two Thousand and Twenty One
PRESENT
The Hon`ble Mr.Justice A.A.NAKKIRAN
CHINNAIAH AASARI ... PETITIONER/APPELLANT/PLAINTIFF
Vs
NEELAKANDAN ... RESPONDENT/RESPONDENT/DEFENDANT
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 213 days in filing the Second Appeal Challenging Judgment and decree of Sub Court Aranthangi In A.S.No.76 of 2017 dated 25-02-2019 confirming Judgment and decree of District Munsif Court Aranthangi in O.S.No. 97 of 2010 dated 23-01-2015 and thus render justice.
PRAYER IN SA(MD)SR.52603 OF 2020
To allow the appeal by setting aside the Judgment and decree in A.S.No.76/2017 dated 25.02.2019 of Sub Court, Aranthangi, confirming judgment and decree in O.S.No.97/2010 dated 23.01.2015 of District Munsif Court Aranthangi.
ORDER : This 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 M/S.R.BALAKRISHNAN, Advocate for the petitioner and of Mr.K.BAALASUNDHARAM, Advocate for the Respondent the court made the following order:-
This petition has been filed by the petitioner seeking to condone the delay of 213 days in filing the Second Appeal.
3.Considering the reasons stated in the affidavit filed in support of the petition and considering the length of delay, this https://hcservices.ecourts.gov.in/hcservices/ Court is inclined to condone the delay subject to the payment of cost of Rs.500/- (Rupees five hundred only) to the Legal Services
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Authority, attached to this Bench, within a period of one week 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.
4.In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order. sd/22/04/2021
/ TRUE COPY /
/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE SUB JUDGE, ARANTHANGI
2 THE DISTRICT MUNSIF, ARANTHANGI
COPY TO:
THE OFFICER-IN-CHARGE, LEGAL SERVICES AUTHORITY MADURAI BENCH OF MADRAS HIGH COURT MADURAI
ORDER
IN CMP(MD) No.1042 of 2021 IN SA(MD)SR.52603 of 2020 Date :22/04/2021
AM/VR/SAR4/27/04/2021/ P2 : 4C
2 issues framed by the court
Whether delay of 213 days in filing second appeal should be condoned.
Whether the petitioner should pay cost before appeal is numbered.
1 provisions across 1 enactments
Chinnaiah Aasari
Neelakanan
A.A. Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
