CMP filed to condone 152 days delay in filing a Civil Revision Petition praying to set aside a decree. Court allowed petition on condition of paying Rs.500 costs to Cancer Institute (WIA) within two weeks; otherwise dismissal.
Petition allowed on condition to pay costs of Rs.500 to Cancer Institute (WIA) 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.
CMP(MD) No.17778 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Sixteenth day of December Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE R. KALAIMATHI
CMP(MD) No.17778 of 2024 in CMA(MD)SR NO.85391 of 2023
1 SENTHILA,
2 NATARAJAN ... PETITIONER/PETITIONER/3rd PARTY
Vs
1 VADIVALAGAN ... RESPONDENT/1st RESPONDENT/PLAINTIFF 2 KUMAR ALIAS VEERAKUMAR ... RESPONDENT/2nd RESPONDENT/ DEFENDANT
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 152 days in preferring the set aside petition.
PRAYER in CMA(MD)SR NO.85391 of 2023:
To set aside the Fair and Decreetal order dated 15.06.2023 made I.A.No.67 of 2023 in O.S.No.40 of 2023 on the file of the learned Principal District Judge, Thanjavur, and allow this Civil Revision Petition.
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 Mr.DHILIPAN PANDIAN R L, Advocate for the petitioner and of MR.M.KARUNANITHI, Advocate on behalf of the 1st Respondent, the Court made the following order:-
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CMP(MD) No.17778 of 2024
Mr.M.Karunanithi, learned counsel takes notice for the first respondent.
2.The learned counsel appearing for the first respondent has no serious objection for allowing this application.
3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition shall be allowed on condition to pay costs of Rs.500/- (Rupees Five Hundred only) to the credit of Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai –20 (payable in 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:ANDB0001497), within a period of two weeks from the date of receipt of a copy of this order. Failing which, this petition shall stand dismissed automatically without any further reference to this Court.
sd/16/12/2024
/ TRUE COPY /
/12/2024
Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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CMP(MD) No.17778 of 2024
NS
TO
THE PRINCIPAL DISTRICT JUDGE, THANJAVUR.
COPY TO: THE CREDIT OF CANCER INSTITUTE (WIA), GANDHI NAGAR CANAL BANK ROAD, ADYAR, CHENNAI –20
+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-15486[I] dated 16/12/2024 )
ORDER IN CMP(MD) No.17778 of 2024 in CMA(MD)SR NO.85391 of 2023 Date :16/12/2024
IN
SS/GSV/SAR- /27/12/2024/ 3P/4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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2 issues framed by the court
Whether a delay of 152 days in filing a set-aside petition can be condoned.
Whether the condonation of delay is subject to payment of costs to a specific trust.
SENTHILA
NATARAJAN
VADIVALAGAN
KUMAR ALIAS VEERAKUMAR
R. KALAIMATHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
