Madras High CourtCMP(MD)/1799/2019ordered

Subbulakshmi v. Dhanalakshmi

2019-02-22Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Second day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1799 of 2019 IN SA(MD) No.SR46950 of 2016 1.SUBBULAKSHMI 2 GOPALSAMY 3 KAVITHA 4 JAYARAMAN 5 UMAPATHI ... PETITIONERS/APPELLANTS Vs 1.DHANALAKSHMI 2 RAJESWARI ... 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 723 days in representing the above SA.SR No.46950 of 2016.

PRAYER IN SA(MD) No.SR46950 of 2016:

To call for the records relating to the Judgment and Decree passed in A.S.No.9 of 2009 on the file of learned Subordinate Judge, Srivilliputhur dated 04.10.2016, set aside the same and confirm the Judgment and Decree passed in O.S.No.403 of 2000 on the file of the learned Additional District Munsif Court, Srivilliputhur dated 29.10.2008 by allowing this Second Appeal.

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.SRINIVASARAGAVAN, Advocate for the petitioner and of MR.S.JAWAHAR, Advocate on behalf of the Respondents the court made the following order:- Heard.

2.This petition has been filed by the petitioners seeking to condone the delay of 723 days in representing the above appeal. https://hcservices.ecourts.gov.in/hcservices/ 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.1,000/-.(Rupees one thousand 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/- 22/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUBORDINATE JUDGE, SRIVILLIPUTHUR.

2.THE ADDITIONAL DISTRICT MUNSIF, SRIVILLPUTHUR.

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

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

+1. C.C. to MR.D.SRINIVASARAGAVAN Advocate SR.No.3626

ORDER

IN CMP(MD) No.1799 of 2019 IN SA(MD) No.SR46950 of 2016 Date :22/02/2019 AE/JC/SAR-IV/27.02.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/