Madras High CourtCMP(MD)/1488/2019ordered

Soundhirapandian v. Gurusamy

2019-02-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twentieth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1488 of 2019 IN SA(MD) No.SR14339 of 2018 SOUNDHIRAPANDIAN ... PETITIONER/APPELLANT Vs 1 GURUSAMY 2 GAJENDRAN 3 PEYANDI 4 SUNDARAVALLI 5 SIVANESAN 6 ANDI @ CHANDRAN 7 MAYEE @ MAYANDI 8 NAGAJOTHI 9 THILAGAM @ THILAGAVATHY 10 SUNDARAVALLI 11 VADAMALAI @ SUNDA THEVAR 12 ESWARI 13 GANGA @ GANGADEVI ... 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 180 days in representation of the Grounds of Appeal and thus render justice.

PRAYER IN SA(MD) No.SR14339 of 2018 To set aside the decree and judgment dated 25.01.2017 passed in A.S.No. 90 of 2015, on the file of the Subordinate JudgeTirumangalam Camp Court, confirming the judgment and decree granting preliminary for partition in respect of appellant's 1/5th share in items 2,3 and 6 plaint "A" schedule properties and dismissal of appellant's share in other suit properties passed in O.S.No. 308 of 2004 dated 25.08.2012 on the file of District Munsif, Tirumangalam. 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.M.DIVAKARAN, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ Heard.

2.This petition has been filed by the petitioners seeking to condone the delay of 180 days in representing the above 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 of cost of Rs.500/-.(Rupees five hundred only) to the Legal Aid Services Committee, attached to this Bench, 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/- 20/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, TIRUMANGALAM CAMP COURT.

2 THE DISTRICT MUNSIF, TIRUMANGALAM.

COPY TO:-1. THE OFFICER IN-CHARGE, THE LEGAL AID SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

ORDER

IN CMP(MD) No.1488 of 2019 IN SA(MD) No.SR14339 of 2018 Date :20/02/2019 MSI/JC/SAAR 3/25.02.2019-2P/5C https://hcservices.ecourts.gov.in/hcservices/