D.Ramesh v. Vimala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.02.2019 Coram The Honourable Mr.Justice M.M.SUNDRESH and The Honourable Mr.Justice C.SARAVANAN C.M.P.No.4692 of 2019 in C.M.A.SR.No.5583 of 2019 D.Ramesh ... Petitioner Vs.

Vimala ... Respondent Civil Miscellaneous Petition filed under Section 5 of Limitation Act to condone the delay of 1573 days in filing the Civil Miscellaneous Appeal against the order dated 16.09.2014 in I.A.No.136 of 2014 in F.C.O.P.No.216 of 2014 on the file of the Family Judge, Vellore, Vellore District.

For Petitioner : Mr.M.Rajendiran

ORDER

(Order of the Court was made by M.M.SUNDRESH,J.) Seeking to condone the delay of 1573 days in filing the appeal, the present petition has been filed.

2.A perusal of the affidavit filed in support of the petition would show that no proper reason was assigned for condoning the delay. In fact, there is absolutely no reason assigned for not filing the appeal on time. The delay is also huge. Apart from the same, the Family Court has already awarded Rs.5,000/- as interim maintenance, which was directed to be apportioned between the respondent and the child at Rs.3,000/- and Rs.2,000/- respectively. Another sum of Rs.5,000/- was ordered for costs.

3.In such view of the matter, this petition stands dismissed. Consequently, the Civil Miscellaneous Appeal is dismissed at the S.R. stage.

(M.M.S.J.) (C.S.N.J.) 26.02.2019 mmi To The Family Court, Vellore, Vellore District.

M.M.SUNDRESH, J.

and C.SARAVANAN, J.

mmi C.M.P.No.4692 of 2019 in C.M.A.SR.No.5583 of 2019 26.02.2019