Madras High CourtCMP(MD)/1512/2019ordered

Pandiyaraj, v. Parameshwari,

2019-02-14Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1512 of 2019 IN SA(MD) No.SR31984 of 2016 PANDIYARAJ ... PETITIONER / APPELLANT Vs 1 PARAMESHWARI 2 CHELLADURAI ... 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 900 days in re-presenting the above said second appeal in SA.SR(MD).No.31984 of 2016 and thus render justice. PRAYER IN SA(MD) No.SR31984 of 2016:

To set aside the Judgment and Decree dated 09.01.2015 made in A.S.No.8 of 2014 on the file of Subordinate Judge, Ambasamudram in confirming the Judgment and Decree dated 17.01.2014 made in O.S.No.61 of 2010 on the file of the District Munsif cum Judicial Magistrate, Cheranmahadevi and thus render justice. 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.J.PAREKHKUMAR, 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 900 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.2,000/-. (Rupees two thousand only) to the Babbles Day Care, run by the Women Lawyers Association, Madurai Bench of Madras High Court, Madurai, 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.

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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/- 14/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, CHERANMAHADEVI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE JUDGE, SUBORDINATE COURT, AMBASAMUDRAM.

COPY TO:

1 THE OFFICER INCHARGE, BABBLES DAY CARE, RUN BY THE WOMEN LAWYERS ASSOCIATION, 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.1512 of 2019 IN SA(MD) No.SR31984 of 2016 Date :14/02/2019 JM/PN/SAR 1/20.02.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/