The Madurai Bench condoned a delay of 362 days in filing a second appeal upon being satisfied with the reasons provided in the affidavit and imposition of costs to the Legal Services Authority.
Delay of 362 days in filing the second appeal condoned subject to payment of Rs.1000/- costs.
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CMP(MD) No.1044 of 2021
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
CMP(MD) No.1044 of 2021 and S.A.(MD)No.SR17966 of 2020
CHITTU (DIED)
1 SHANTHI
Vs
GANTHIMATHI ... RESPONDENT/RESPONDENT
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 362 days in filing the above Second appeal.
PRAYER IN S.A.(MD)No.SR17966 of 2020:
To set aside the Judgment and Decree of the Sub Court, Paramakudi dated 20.12.2018 partly reversing the judgment and decree dated 09.12.2013 in O.S.No.82 of 2011 on the file of the District Munsif Court, Paramakudi and to dismiss the suit with cause.
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 MR.H.THAYUMANASWAMY, Advocate for the petitioners and of M/s.ANTO PRINCE, Advocate on behalf of the Respondent, the court made the following order:-
This petition has been filed by the petitioner seeking to condone the delay of 362 days in filing the Second Appeal.
3.The learned counsel for the respondent has objected this petition.
4.The learned counsel for the petitioner has stated reasons for https://hcservices.ecourts.gov.in/hcservices/ the delay in paragraph No.3.
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CMP(MD) No.1044 of 2021
5.Satisfying with the reasons stated in paragraph No. 3 of the affidavit filed in support of the petition and considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.1000/- (Rupees one thousand only) to the Legal Services 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.
6.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 SUBORDINATE JUDGE, PARAMAKUDI.
2 THE DISTRICT MUNSIF, PARAMAKUDI.
COPY TO:
THE AUTHORISED OFFICER, LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (Soft Copy)
ORDER
IN
CMP(MD) No.1044 of 2021 and S.A.(MD)No.SR17966 of 2020 Date :22/04/2021
MSA/CM
JM/VR/SAR II/29.04.2021/2P/3C
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2 issues framed by the court
Whether the delay of 362 days in filing the second appeal should be condoned.
Whether the appellant was satisfied with the reasons for the delay given in the affidavit.
CHITTU (DIED) 1 SHANTHI 2 PARVATHI 3 VIJAYAKUMAR 4 SEKAR
GANTHIMATHI
A.A.NAKKIRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
