Thirumalaisamy v. Rasu
Case brief
What is this about?
The Court condoned a 100-day delay in filing a monetary appeal. The petition was allowed conditionally upon the payment of Rs. 5,000 costs to the respondent within three weeks, otherwise the application stands dismissed.
What did the court decide?
Condonation of 100-day delay for filing appeal, conditional upon payment of Rs. 5,000 costs within three weeks.
What the court decided
C.M.P.(MD)No.13424 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Second day of January Two Thousand and Twenty Four
PRESENT
The Honble Dr.Justice G.JAYACHANDRAN and The Honble Mr.Justice C.KUMARAPPAN
C.M.P.(MD)No.13424 of 2023 in A.S.(MD)No.SR. 57300 of 2022
THIRUMALAISAMY ... PETITIONER/APPELLANT
RASU ... RESPONDENT/RESPONDENT
Civil Miscellaneous 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 100 days in filing the above Appeal against the judgment and Decree dated 10.05.2021 passed in O.S.No.28 of 2018 on the file of the Learned Fast Track Mahila Court, Dindigul and thus render justice.
PRAYER IN AS(MD)SR.No.57300/2022:
Pleased to set aside the Judgement and decree dated 10.05.2021 made in O.S.No.28 of 2018 on the file of the Learned Fast Track Mahila Court, Dindigul by https://www.mhc.tn.gov.in/judis allowing this Appeal.
Issues for consideration
2 issues framed by the court
Whether to condone a 100-day delay in filing an appeal against a money decree.
Whether to grant a conditional order pending payment of costs.
Parties & counsel
- appellant
THIRUMALAISAMY
- respondent
RASU
Coram
G.JAYACHANDRAN
Case details
As recorded by the court registry
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