The Madurai Bench of the Madras High Court considered a petition to condone a 135-day delay in filing a Second Appeal. The court inclined to condone the delay, subject to the payment of Rs.500/- to a charitable institute.
Condonation of 135-day delay in filing appeal subject to payment of Rs.500/- to Adyar Cancer Institute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD) No.1465 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Twenty Seventh day of April Two Thousand and Twenty One
PRESENT
The Hon`ble Mr.Justice A.A.NAKKIRAN
CMP(MD) No.1465 of 2019 IN
S.A.(MD)No.SR3566 of 2019
1 THE CHIEF ENGINEER, TWAD BOARD, MADURAI.
2 THE SUPERINTENDING ENGINEER, TWAD BOARD, TIRUNELVELI, KANYAKUMARI CIRCLE.
3 THE EXECUTIVE ENGINEER,
TWAD BOARD, NAGERCOIL.
... PETITIONERS/ PETITIONER
1 B.RAJA
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 135 days in filing the S.A.SR.No.3566 of 2019.
PRAYER IN S.A.(MD)No.SR3566 of 2019:
To set aside the judgment and decree passed by the Hon'ble District Court, Nagercoil in A.S.No.81 of 2014 dated 24.04.2018 by modifying the judgment and decree of the Hon'ble II Additional Sub Court, Nagercoil in O.S.No.34 of 2013 on 26.08.2014, and dismiss the suit.
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.PORKODI KARNAN, Advocate for the petitioner and of Mr.B.SARAVANAN, Advocate for the 1st Respondent and Mr.VR.SHANMUGANATAHN, Special Government Pleader for the 2nd Respondent, the court made the following order:-
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CMP(MD) No.1465 of 2019
This petition has been filed by the petitioners seeking to condone the delay of 135 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 Court is inclined to condone the delay subject to the payment of cost of Rs.500/- (Rupees five hundred only) to the Adyar Cancer Institute, Adyar, Chennai, through online payment 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/27/04/2021
/ TRUE COPY /
/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE DISTRICT JUDGE, NAGERCOIL.
2 THE II ADDITIONAL SUBORDINATE JUDGE, NAGERCOIL.
COPY TO:
THE OFFICER INCHARGE, ADYAR CANCER INSTITUTE, ADYAR, CHENNAI.
ORDER IN CMP(MD) No.1465 of 2019 IN SA(MD) No.SR3566 of 2019 Date :27/04/2021
CM MS/PN/SAR-3/13.05.2021/2P.4C
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2 issues framed by the court
Whether the delay of 135 days in filing the Second Appeal should be condoned?
What costs, if any, must the appellant pay for condonation of delay in a civil appeal?
2 provisions across 2 enactments
THE CHIEF ENGINEER, TWAD BOARD, MADURAI
B.RAJA
THE DISTRICT COLLECTOR, KANYAKUMARI DISTRICT, NAGERCOIL
THE SUPERINTENDING ENGINEER, TWAD BOARD, TIRUNELVELI, KANYAKUMARI CIRCLE
THE EXECUTIVE ENGINEER, TWAD BOARD, NAGERCOIL
A.A.NAKKIRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
