Madras High CourtCMP(MD)/1520/2019ordered

Muthulakshmi v. Narayanan

2019-03-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of March Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1520 of 2019 IN SA(MD) No.SR35999 of 2018 1 MUTHULAKSHMI 2 SARASWATHI AMMAL ... PETITIONER/APPELLANT Vs NARAYANAN ... RESPONDENT/RESPONDENT 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 141 days in representing the main Second Appeal in SA SR (MD) No.35999 of 2018 on the file of this Honble Court.

PRAYER IN SA(MD) No.SR35999 of 2018 Set aside the judgment and Decree dated 28.08.2017 passed in A.S.NO.58 of 2011 on the file of the Sub Judge, Valliyoor, confirming the judgment and Decree dated 06.09.2010 passed in O.S.No.178 of 2002 on the file of the Principal District Munsif Court,Valliyoor by allowing this Second Appeal 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.D.NALLATHAMBI, 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 141 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 https://hcservices.ecourts.gov.in/hcservices/

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/- 04/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, VALLIYOOR.

THE PRINCIPAL DISTRICT MUNSIF COURT, VALLIYOOR.

COPY TO THE OFFICER INCHARGE, LEGAL AID SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

PS/PN/SAR-4/07.03.2019/2P/5C

ORDER

IN CMP(MD) No.1520 of 2019 IN SA(MD) No.SR35999 of 2018 Date :04/03/2019 https://hcservices.ecourts.gov.in/hcservices/