Allowed

Kanniah Naidu v. M.Raj Prasana

Madras HC11 Dec 2024CMP(MD)/17317/2024

Case brief

AI extract

What is this about?

Petition to condone a 63-day delay in filing a civil miscellaneous appeal against an appellate judgment in Dindigul. The respondent raised no objection; the court condoned the delay subject to payment of costs of Rs.500/- to the Cancer Institute, failing which the petition stands automatically dismissed.

What did the court decide?

Delay of 63 days condoned on condition of paying Rs.500/- to Cancer Institute (WIA), Chennai within two weeks; automatic dismissal if not paid.

Kanniah Naidu Vs M.Raj Prasana — Civil Procedure and Limitation | Madras HC (2024)

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CMP(MD) No.17317 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eleventh day of December Two Thousand and Twenty Four

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PRESENT

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The HONOURABLE MRS. JUSTICE R. KALAIMATHI

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CMP(MD) No.17317 of 2024 in CMA(MD)SR.No.81178 of 2024

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KANNIAH NAIDU ... PETITIONER/APPELLANT Vs M.RAJ PRASANA ... RESPONDENT/RESPONDENT

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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 63 days in filling the Civil Miscellaneous Appeal aginst the Judgment and decree dated 22.03.2024 in A.S.No.62 of 2023 on the file of Additional Sub Court, Dindigul reversing the fair and decretal order dated 06.06.2023 in I.A.No.166 of 2023 in O.S.No.201 of 2022 on the file of Principal District Munsif Court, Dindigul.

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PRAYER in CMA(MD)SR.No.81178 of 2024:

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To call for the records and set aside the judgment and decree dated 22.03.2024 in A.S.No.62 of 2023 on the file of Additional Sub Court, Dindigul reversing the fair and decretal order dated 06.06.2023 in I.A.No.166 of 2023 in O.S.No.201 of 2022 on the file of the Principal District Munsif Court, Dindigul and allow this Civil Miscellaneous Appeal with costs throughout.

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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.H.LAKSHMI SHANKAR, Advocate for the petitioner and of Mr.C.MAHADEVAN, Advocate on behalf of the Respondent, the Court made the following order:-

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https://www.mhc.tn.gov.in/judis

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CMP(MD) No.17317 of 2024

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These petitions are filed to condone the delay of 63 days in filing the above appeals.

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Heard the learned counsel for the petitioner/appellant. The learned counsel for the respondent would stated that he had represented the vakalat today and he has not serious objection in allowing this petition.

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Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed on condition to pay costs of Rs.500/- to the credit of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai – 20 (payable in S.B.A/c.No.149710011000002, Andra Bank, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai – 36, Branch Name and Code:1497, MICR No.600011049, IFSC Code:UBIN0814971), 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 any further reference to this Court.

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sd/11/12/2024 / TRUE COPY / 16/12/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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APD

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https://www.mhc.tn.gov.in/judis

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CMP(MD) No.17317 of 2024

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1 THE ADDITIONAL SUBORDINATE JUDGE, DINDIGUL.

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2 THE PRINCIPAL DISTRICT MUNSIF DINDIGUL.

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COPY TO: THE OFFICER INCHARGE, CANCER INSTITUTE (WIA), GANDHI NAGAR CANAL BANK ROAD, ADYAR, CHENNAI – 20

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ORDER IN CMP(MD) No.17317 of 2024 in CMA(MD)SR.No.81178 of 2024 Date :11/12/2024

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SS/GSV/SAR- /16/12/2024/ 3P/4C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

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Kanniah Naidu v. M.Raj Prasana

Case brief

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Kanniah Naidu v. M.Raj Prasana

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