A.E.Sathiyakumar v. Sowmiya

Madras HC13 Feb 2025CMP/2716/2025

Case brief

AI extract

What is this about?

Delay condonation petition; condonation of 557 days' delay in re-presenting C.M.A.SR.No.69234 of 2023; filed under Order IV Rule 9(4) of A.S.Rules; conditional allowance on payment of costs; Rs.2,000/- costs payable by petitioner to respondent's counsel directly; two-week payment window; automatic dismissal clause on default; discretion of the Court on delay in re-presentation; A.E. Sathiyakumar v. Sowmiya; Madras High Court; Division Bench R. Suresh Kumar J. and Dr. A.D. Maria Clete J.; dated 13.02.2025.

What did the court decide?

Delay of 557 days in re-presenting C.M.A.SR.No.69234 of 2023 condoned on condition that the petitioner pay costs of Rs.2,000/- to the respondent's counsel directly within two weeks, failing which the petition stands dismissed automatically. ¶¶20

A.E.Sathiyakumar Vs Sowmiya — Madras HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.02.2025

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CORAM

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THE HON'BLE Mr. JUSTICE R. SURESH KUMAR AND

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THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE

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C.M.P.No.2716 of 2025 IN C.M.A.SR.No.69234 of 2023

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A.E.Sathiyakumar .. Petitioner

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Vs.

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Sowmiya .. Respondent

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Civil Miscellaneous Petition filed under Order IV Rule 9(4) of A.S.Rules, to condone the delay of 557 days in re-presenting C.M.A.SR.No.69234 of 2023.

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For Petitioner : Mr.S.Senthilnathan For Respondent : Ms.S.Santhi

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ORDER

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[Order of the Court was made by R.SURESH KUMAR, J.]

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This civil miscellaneous petition has been filed to condone the delay of

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557 days in representing the above civil miscellaneous appeal.

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Heard the learned counsel appearing for the petitioner.

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

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Though some reasons have been stated in the affidavit filed in support

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of the petition to condone the delay of 557 days in re-presenting the civil miscellaneous appeal, this petition is stoutly opposed by the learned counsel appearing for the respondent.

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Though it is the discretion of this Court to decide this petition since it

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is only delay in re-presentation, we are inclined to allow this petition only on terms. Therefore, this petition is ordered on payment of costs of Rs.2,000/(Rupees Two Thousand only) payable by the petitioner to the respondent's counsel directly, within a period of two weeks from today, failing which, this petition shall stand dismissed automatically, without further reference to this Court. On such condition, this Civil Miscellaneous Petition is ordered.

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[R.S.K., J.] [A.D.M.C., J.] 13.02.2025

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To Ms.S.Santhi No.1581, 15^th Main Road Bharathi Colony Anna Nagar West Chennai 600 040

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

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R.SURESH KUMAR, J. AND Dr.A.D.MARIA CLETE, J.

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