The High Court Bench at Madurai allowed a civil miscellaneous petition condoning a delay of 289 days in filing an appeal, subject to a fine of Rs. 500.
Condonation of delay of 289 days; appeal numbered; conditioned upon deposit of Rs. 500 as costs.
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.3705 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Monday, the Eighteenth day of March Two Thousand and Twenty Four
PRESENT
The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN and
The Hon`ble Mr.Justice K.K. RAMAKRISHNAN
CMP(MD)No.3705 of 2024 in A.S.(MD).SR.No.4154 of 2023
A. ALEXANDER ... PETITIONER/APPELLANT
Vs
D.XAVIER AROCKIASAMY ... 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 289 days in representation the A.S.SR.No.4154 of 2023 and thus render justice.
PRAYER IN AS(MD)SR.No.4154/2023:
Pleased to set aside the judgment and decree dated 26.08.2022 made in OS.No.35 of 2016 on the file of Additional District Judge, Sivagangai and allow this appeal suit.
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CMP(MD) No.3705 of 2024
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.V.S. KUMARA GURU, Advocate for the petitioner, the court made the following order:-
(Order of the Court was made by V.BHAVANI SUBBAROYAN, J.)
Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay is condoned and this civil miscellaneous petition is allowed as
prayed for subject to the condition that the petitioner / appellant deposits a costs of Rs.500/- (Rupees Five Hundred only) to the credit of Madras High Court Madurai Bench, Advocate Clerk's Welfare Association, Madurai-625 023 (Indian Bank Saving Account No.496039124, IFSC Code: IDIB000H040).
sd/18/03/2024
/ TRUE COPY /
/03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SM TO
THE ADDITIONAL DISTRICT JUDGE, SIVAGANGAI.
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CMP(MD) No.3705 of 2024
COPY TO:
1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
3 THE OFFICER INCHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADRAS HIGH COURT MADURAI BENCH, MADURAI-625 023
ORDER IN CMP(MD)No.3705 of 2024 in A.S.(MD).SR.No.4154 of 2023 Date :18/03/2024
SA/GS/SAR. /21.03.2024/3P/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 to condone the statutory delay of 289 days in filing the civil regular appeal.
2 provisions across 2 enactments
A. ALEXANDER
D.XAVIER AROCKIASAMY
V.BHAVANI SUBBAROYAN
K.K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
