V.Ayyalu Samy v. Babu Rajendran

CMP(MD) No.2798 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Fourth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR CMP(MD) No.2798 of 2023 IN AS No.150 of 2001 MR.V.AYYALUSAMY, ... PETITIONER/APPELLANT Vs BABU RAJENDRAN, ... RESPONDENT/RESPONDENT 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 1768 days in filing petition for restoration of M.P.(MD).1 of 2013 in A.S.No.150 of 2001, which was dismissal for non-prosecution on 24-03-2016. PRAYER IN AS(MD)No.150 of 2001: To prefer this Memorandum of Regular Appeal to this Hon'ble Court against the judgment and decree dted 25.06.2001 made in O.S.No.31 of 1998 on the file of the Subordinate Judge, Kovilpatti, Thoothukudi District. ORDER : This 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.B.RAJESH SARAVANAN, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 1768 days in filing the petition for restoration of M.P.(MD).No.1 of 2013 in A.S.No.150 of 2001, which was dismissed for non-prosecution on

24.03.2016.

¶2The learned counsel appearing for the respondent has no serious objection for allowing this petition.

¶3This Court has already permitted the petitioner to file a fresh petition to restore the M.P.(MD).No.1 of 2013 and he has also paid a sum of Rs.10,000/- as cost, as per the order of this Court.

¶4Considering the nature of the suit, which was decreed as against the petitioner, in order to give fair opportunity to the petitioner to agitate his rights on merits, this petition is ordered. CMP(MD)eNo.2798eofe2023

¶5Post the appeal for argument on 24.04.2023. sd/- 24/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. AKV TO THE SUBORDINATE JUDGE KOVILPATTI, THOOTHUKUDI ORDER IN CMP(MD) No.2798 of 2023 IN AS No.150 of 2001 Date :24/03/2023 ED/BUC/SAR-1 (28/03/2023) 2P 2C