The Court condoned delays of 51 and 36 days in filing two second appeals. The respondents raised no objections, and the petitioners paid a nominal fee to the Advocates Welfare Fund as a condition for condonation.
Delay in filing the second appeals was condoned on payment of Rs.500 to the Advocates Welfare Fund.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Twenty Sixth day of November Two Thousand and Twenty One
PRESENT
The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN
C.M.P(MD)Nos.2450 and 1706 of 2020 in S.A(MD)SR.Nos.8420 and 8426 of 2020
CMP(MD) No.2450 of 2020 in S.A(MD)SR.No.8420 of 2020:
THE SOCIETY OF ST.FRANCIS XAVIER, A REGISTERED SOCIETY THROUGH THE PROCURATOR, ST. XAVIER'S COLLEGE COMPLEX, PALAYAMKOTTAI, TIRUNELVELI-627 002. ... PETITIONER/ APPELLANT
Vs V.MURUGAN ... RESPONDENT/ RESPONDENT
PRAYER IN C.M.P(MD)No.2450 of 2020:
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 51 days in preferring the Second Appeal.
Prayer in SA(MD)SR.No.8420 of 2020:
To set aside the reversing judgment and decree dated 23.09.2019 passed in A.S.No.19/2018 on the file of the Principal Sub Court, Tiruenveli reversing the judgment and decree dated 01.11.2017 passed in O.S.No.207 of 2014 on the file of the 2nd Additional District Munsif Court, Tirunelveli and allowing Second Appeal.
CMP(MD) No.1706 of 2020 in S.A(MD)SR.No.8426 of 2020:
THE SOCIETY OF ST.FRANCIS XAVIER, A REGISTERED SOCIETY THROUGH THE PROCURATOR, ST. XAVIER'S COLLEGE COMPLEX, PALAYAMKOTTAI, TIRUNELVELI-627 002. ... PETITIONER/ APPELLANT Vs
R.JEYAKUMAR ... RESPONDENT/ RESPONDENT
PRAYER IN C.M.P(MD)No.1706 of 2020:
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 36 days in preferring the Second Appeal. https://hcservices.ecourts.gov.in/hcservices/
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Prayer in SA(MD)SR.No.8426 of 2020:
To set aside the reversing judgment and decree dated 23.09.2019 passed in A.S.No.25/2018 on the file of the Principal Sub Court, Tiruenveli reversing the judgment and decree dated 01.11.2017 passed in O.S.No.215 of 2014 on the file of the 2nd Additional District Munsif Court, Tirunelveli and allowing Second Appeal.
ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.S.BALASUBRAMANIAN, Advocate for the petitioner in both the petitions and of MR.P.SANTHOSHKUMAR, Advocate on behalf of the Respondent in both the petitions, the court made the following order:-
These Petitions have been filed seeking to condone the delay of 51 and 36 days in filing the above Second Appeals.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The learned counsel appearing for the respondent has no objection in allowing this Petition.
4.In view of the same,these petitions are ordered and the delay of 51 and 36 days in filing the above Second Appeals are condoned on condition that the Petitioner pays a sum of Rs.500/-(Rupees Five Hundred only) as costs to the Advocates Welfare Fund, Madurai Bench of Madras High Court, bearing Account No.7087208431 in Indian Bank, High Court Branch, Madurai, towards costs, within a period of two weeks from the date of receipt of a copy of this order, failing which, this Petition shall stand automatically dismissed, without further reference to this Court.
sd/-
26/11/2021
/ TRUE COPY /
Sub-Assistant Registrar (C.S.)
Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE PRINCIPAL SUBORDINATE JUDGE, TIRUENVELI.
2 THE 2ND ADDITIONAL DISTRICT MUNSIF, TIRUNELVELI. COPY TO:
THE OFFICER INCHARGE, ADVOCATES WELFARE FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
C.M.P(MD)Nos.2450 and 1706 of 2020
in S.A(MD)SR.Nos.8420 and 8426 of 2020 aav Date :26/11/2021 https://hcservices.ecourts.gov.in/hcservices/ MS/JM/SAR-3/01.12.2021/2P.4C
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1 issue framed by the court
Whether condonation of delay for filing second appeals is allowable when no objection is raised by the respondent.
THE SOCIETY OF ST.FRANCIS XAVIER
V.MURUGAN
R.JEYAKUMAR
V. BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
