The Madurai Bench of the Madras High Court condoned the 85-day delay in filing a second appeal by the appellant, subject to the payment of Rs.500/- cost to the Legal Aid Service Authority.
Delay of 85 days in filing the second appeal was condoned subject to payment of Rs.500/- cost to the Legal Aid Service Authority.
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CMP(MD) No.6289 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.6289 of 2020 in S.A(MD).SR.No.19528 of 2020
MARAVAN MALIK
... PETITIONER/ APPELLANT
Vs
8 S.AMEENA BEGAM
9 S.NAZEER HUSSAIN ... RESPONDENTS/ RESPONDENTS
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 85 days in filing the above Second Appeal.
PRAYER IN S.A(MD).SR.No.19528 of 2020:
To set aside the judgment and decree dated 18.09.2019 made in A.S.No.11 of 2019 on the file of Principal District Court, Ramanathapuram, reversing the judgment and decree dated 02.04.2018 made in O.S.No.55 of 2012 on the file of Sub Court, Ramanathapuram, and to decreed the suit with costs.
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.A.ARUMUGAM, Advocate for M/S.AJMAL ASSOCIATES for the petitioner and of Mr.G.PRABHU RAJADURAI, Advocate for the Respondents, the court made the following order:-
This petition has been filed by the petitioner seeking to condone the delay of 85 days in filing the above second appeal.
2.The learned counsel for the respondents 1 to 9 submits that he has no objection.
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CMP(MD) No.6289 of 2020
3.Considering the reasons stated in the affidavit filed in support of the petition and also 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 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.
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 1 THE PRINCIPAL DISTRICT JUDGE, RAMANATHAPURAM.
2 THE SUBORDINATE JUDGE, RAMANATHAPURAM.
COPY TO:
THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY)
ORDER
IN CMP(MD) No.6289 of 2020 IN S.A(MD).SR.No.19528 of 2020 Date :17/04/2021 RMK/CM MS/PN/SAR-2/12.05.2021/2P.3C
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1 issue framed by the court
Whether the delay of 85 days in filing the second appeal can be condoned?
1 provisions across 1 enactments
MARAVAN MALIK
Y.SAGUBAR SATHIK
Y.AYOOP KHAN
Y.SAHUL HAMEED
Y.SEENIBURKANIYA
Y.MUJIPU
A.A.NAKKIRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
