Partly allowed

Ruby Dyana Bai, v. Jenny Jerom

Madras HC28 Apr 2021CMP(MD)/2495/2021

Case brief

AI extract

What is this about?

The Madras High Court sanctioned the condonation of a 127-day delay in filing a second appeal, subject to the payment of Rs.500 to the Appellant Charity (Adyar Cancer Institute) as the cause for delay, otherwise dismissing the petition.

What did the court decide?

Delay of 127 days condoned upon payment of Rs.500 to Adyar Cancer Institute within one week; otherwise petition dismissed automatically.

Ruby Dyana Bai, Vs Jenny Jerom — Service and Employment | Madras HC (2021)

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CMP(MD) No.2495 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Civil Appellate Jurisdiction )

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Wednesday,the Twenty Eighth day of April Two Thousand and Twenty One

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PRESENT

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The Hon'ble Mr.Justice A.A.NAKKIRAN

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CMP(MD) No.2495 of 2021 and SA(MD) No.SR5840 of 2019

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RUBY DYANA BAI ... PETITIONER/APPELLANT

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JENNY JEROM

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(REP. BY HER FATHER SELVARAI) ... RESPONDENT/RESPONDENT

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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 127 days in filing the above Second Appeal/

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Prayer in SA(MD) No.SR5840 of 2019:

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Second Appeal filed may be pleased to allow this Appeal and set aside the Judgment and Decree dated 09.04.2018 passed by the Learned District Judge, Kanyakumari at Nagercoil, in A.S. 15 of 2016 in conforming the judgment and decree in O.S. 23 of 1997 dated 02.01.2014 on the file of Subordinate Judge, Padmanabhapuram, in so far as they are against the appellants are concerned, and dismiss the suit with cost.

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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 petitioner and of Mr.K.N.THAMPI, Advocate on behalf of the Respondent, the Court made the following order:-

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This petition has been filed by the petitioner seeking to condone the delay of 127 days in filing the Second Appeal.

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2.Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent.

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3.The learned counsel for the respondent has objected for allowing this petition.

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4.Considering the reasons stated in the affidavit filed in https://hcservices.ecourts.gov.in/hcservices/ support of the petition and considering the length of delay, this

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CMP(MD) No.2495 of 2021

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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.

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5.In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order. sd/-

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28/04/2021

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/ TRUE COPY / / /2021

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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THE DISTRICT JUDGE, KANYAKUMARI AT NAGERCOIL.

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THE SUBORDINATE JUDGE, PADMANABHAPURAM.

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COPY TO:

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THE OFFICER INCHARGE, ADYAR CANCER INSTITUTE, ADYAR, CHENNAI.

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ORDER IN CMP(MD) No.2495 of 2021 and SA(MD) No.SR5840 of 2019 Date :28/04/2021

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CM/MSA SRS/PN/SAR-II/13.05.2021/3P/4C

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https://hcservices.ecourts.gov.in/hcservices/

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Ruby Dyana Bai, v. Jenny Jerom

Case brief

What is this about?

What did the court decide?

Ruby Dyana Bai, v. Jenny Jerom

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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