Madras High CourtCMP(MD)/1185/2019ordered

A.Karuppiah, v. Mayakkal,

2019-02-08Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1185 of 2019 IN SA(MD) No.SR10589 of 2018 1.A.KARUPPIAH, 2 RAJENDRAN, ... PETITIONERS/APPELLANTS Vs 1.MAYAKKAL, 2 KALUVAYAMMAL, 3 UTHAYAPANDI, 4 P.RANI, 5 NATARAJAN, 6 MUNIYASAMY, ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 237 days in Representing the SA SR.No.10589 of 2018 and thus render justice.

PRAYER IN SA(MD) No.SR10589 of 2018:- To prefer the above second Appeal against the Judgment and decree passed in AS.No.46 of 2011 dated 13.01.2015 on the file of learned I Additional District Judge, Madurai confirming the Judgment and Decree passed in O.S.No.451 of 2002 dated 22.08.2011 on the file of Learned II Additional Subordinate Judge, Madurai. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.PON.SENTHILKUMARAN, Advocate for the petitioner, the court made the following order:- Heard.

2.This petition has been filed by the petitioners seeking to condone the delay of 237 days in representing the above second appeal.

3. Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment https://hcservices.ecourts.gov.in/hcservices/

of cost of Rs.1,000/-.(Rupees one thousand only) to the Chief Justice Relief Fund, within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

4.This petition is accordingly ordered.

5. In the event of payment of cost, the Registry is directed to number the appeal if it is otherwise in order and list the same "for admission" forthwith.

sd/- 08/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE IST ADDITIONAL DISTRICT JUDGE, MADURAI 2.THE II ADDITIONAL SUBORDIANTE JUDGE, MADURAI. COPY TO:

1.THE OFFICER INCHARGE ACCOUNTS SECTION, (CHIEF JUSTICE RELIEF FUND), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to MR.S.PONSENTHILKUMARAN, Advocate ( SR-2699 dated 08/02/2019

ORDER

IN CMP(MD) No.1185 of 2019 IN SA(MD) No.SR10589 of 2018 Date :08/02/2019 AE/VR/SAR1/14.02.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/