A civil miscellaneous petition was filed to condone a 49-day delay in filing an appeal. The single-judge bench allowed the petition upon the appellant paying costs of Rs. 500 directly to the High Court.
Petition allowed; costs of Rs. 500 payable to the court within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.P.(MD)No.13872 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Twenty Ninth day of November Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE R. KALAIMATHI
C.M.P.(MD)No.13872 of 2023 in C.M.A.(MD) SR.No.66453 of 2023
T.NAGESHWARI ... PETITIONER/APPELLANT
Vs
M.THILLAIRAJAN ... 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 49 days in filing the appeal and thus render justice.
PRAYER IN C.M.A.(MD) SR.No.66453 of 2023:
To set aside the judgment and decree passed in HMCMA.No.44/2021 dated 29.03.2023 on the file of the Vth Additional District Judge, Madurai, reversing the Judgment and decree passed in HMOP.No.159/2018 dated 11.03.2021 on the file of the Sub Judge, Tirumangalam.
ORDER : This Civil Miscellaneous 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 M/S.J.JEYAKUMARAN, Advocate for the petitioner and of none https://www.mhc.tn.gov.in/judis
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C.M.P.(MD)No.13872 of 2023
appeared for the Respondent side either in person or by an advocate, the court made the following order:-
This petition is filed to condone the delay of 49 days in filing the above appeal. 2. Heard the learned counsel for the petitioner/appellant.
petition, this petition is allowed on the payment of costs of Rs.500/- to Siddha Centre, Madurai, Madurai Bench of Madras High Court, Madurai, operated by the Registrar (Administration) (Account No:-6865578213, IFSC Code:- IDIB000H040, Indian Bank, High Court Branch, Madurai), 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/29/11/2024
/ TRUE COPY /
02/12/2024 Sub-Assistant Registrar (C.O) Madurai Bench of Madras High Court, Madurai - 625 023.
APD TO
1 THE V ADDIITONAL DISTRICT JUDGE, MADURAI.
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C.M.P.(MD)No.13872 of 2023
2 THE SUBORDINATE JUDGE, TIRUMANGALAM.
COPY TO: 1 THE REGISTRAR (ADMINISTRATION), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN C.M.P.(MD)No.13872 of 2023 in C.M.A.(MD) SR.No.66453 of 2023 Date :29/11/2024
SA/SAR. /02.12.2024/3P/5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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1 issue framed by the court
Whether the delay of 49 days in filing the appeal should be condoned.
T. Nageshwari
M. Thillairajan
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
