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Madras High CourtCMP/5310/2019allowed

Minor A.Vijaya Harshan v. Desigamoorthy

2019-06-20Honourable Mrs Justice S. Ramathilagam2 pages

C.M.P.No. 5310 of 2019 in C.M.A.SR.No. 108618 of 2014 S. RAMATHILAGAM, J.

This petition is filed to condone the delay of 35 days in filing the petition to restore the M.P.No.1 of 2015 in C.M.A.SR.No.108618 of 2014 which was dismissed on 18.12.2018.

2. The petitioner has contended that when M.P.No.1 of 2015 in C.M.A.S.R.No.108618 of 2014 came up for hearing on 18.12.2018 for condoning delay, the said petition was allowed and the petitioner has directed to pay cost of Rs.500 within one week to High Court Legal Services Committee. Thereafter from 22.12.2018 to 01.01.2019 High Court has declared christmas Holidays. After reopening, the petitioner has paid cost on 02.01.2019 in receipt number 610 but due to the petitioner is misunderstanding that one week only after re-opening now the case was dismissed. So, M.P.No.1 of 2015 in C.M.A.S.R.No.108618 of 2014 was dismissed after expiry of one week immediately. Therefore, this petition is filed to condone the delay of 35 days in filing the petition to restore M.P.No.1 of 2015 in C.M.A.S.R.No.108618 of 2014.

3. Considering the contention of the learned counsel for the petitioner, the delay of 35 days is condoned on payment of cost of Rs.1,500/- (Rupees One Thousand Five Hundred only) to 'Kaakkum Karangal' (Old age Home) at No.212/54, Amman Kovil Street (near chicken market), Parrys, Chennai 600 001. [Cell No.9840068800/ 9840068889], within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without further reference to this Court. 20.06.2019 ssb S. RAMATHILAGAM, J.

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ssb C.M.P.No. 5310 of 2019 in C.M.A.SR.No. 108618 of 2014 20.06.2019 http://www.judis.nic.in