This is a condonation of delay application under Civil Miscellaneous Petition No.5636 of 2020. The appellant sought condonation of a seven-day delay in filing the second appeal. The court condoned the delay subject to a payment of Rs.500 to the Legal Aid Service Authority.
Condoned the delay of 7 days in filing the second appeal subject to payment of court fee.
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CMP(MD) No.5636 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Saturday, the Seventeenth day of April Two Thousand and Twenty One
PRESENT
The Hon'ble Mr.Justice A.A.NAKKIRAN
CMP(MD) No.5636 of 2020 and SA(MD) SR No.10430 of 2020
P.SUBBAMMAL ... PETITIONER/APPELLANT
Vs
K.AYYANUPANDIAN ... 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 7 days in filing the above second appeal.
Prayer in SA(MD) SR No.10430 of 2020:
Second Appeal filed may be pleased to set aside the Judgment and Decree dated 18.09.2019 passed in A.S.No.109 of 2018 on the file of the IVth Additional District Judge, Tirunelveli reversing the Judgment and Decree dated 04.08.2018 passed in O.S.No.121 of 2014 on the file of the learned Subordinate Judge, Sankarankovil.
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.G.PRABHU RAJADURAI, Advocate for the petitioner and of Mr.R.J.KARTHICK, 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 7 days in filing the above second appeal.
2.The learned counsel for the respondent stated that he has no objection.
3.Considering the reasons stated in the affidavit filed in support of the petition, this Court is inclined to condone the delay subject to the payment of cost of Rs.500/- (Rupees five hundred only) to the Legal Aid Service Authority, attached to this Bench, on or before 23.04.2021, failing which, the petition shall stand dismissed automatically without any further reference to this Court.
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CMP(MD) No.5636 of 2020
4.This petition is accordingly ordered.
sd/-
17/04/2021
/ TRUE COPY /
/ /2021
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
TO
COPY TO:
THE LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN
CMP(MD) No.5636 of 2020 and SA(MD) SR No.10430 of 2020 Date :17/04/2021
RMK/CM
SRS/PN/SAR-III/12.05.2021/2P/3C
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1 issue framed by the court
Whether to condone the delay of 7 days in filing the second appeal.
P.SUBBAMMAL
K.AYYANUPANDIAN
A.A.NAKKIRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
