Murugeswari v. Balakrishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of March Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2960 of 2019 IN SA(MD) No.SR35697 of 2018 MURUGESWARI ... PETITIONER/APPELLANT Vs 1 BALAKRISHNAN 2 AYYAPPAN 3 THIRUMALAI 4 SANKAR ... 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 188 days in representing the SA(MD) SR.No.35697 of 2018 and thus render justice.

PRAYER IN SA(MD) No.SR35697 of 2018 allow the above S.A by setting aside the Judgement and Decree made in A.S.No.51 of 2011 on the file of Sub-Court, Srivilliputhur dated 03.04.2018 reversing the Judgment and decree in O.S.No.379 of 2005 on the file of Additional District Munsif Court, Srivilliputtur, dated 08.07.2011 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.A.SIVAJI, Advocate for the petitioner and of Mr.M.ASHOK KUMAR,for Caveator for the Respondents the court made the following order:- Heard.

2.This petition has been filed by the petitioner seeking to condone the delay of 188 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 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 https://hcservices.ecourts.gov.in/hcservices/

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/- 21/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, SRIVILLIPUTHUR.

THE ADDITIONAL DISTRICT MUNSIFF JUDGE, SRIVILLIPUTHUR.

COPY TO THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

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

PS/VR/SAR-1/26.03.2019/2P/5C

ORDER

IN CMP(MD) No.2960 of 2019 IN SA(MD) No.SR35697 of 2018 Date :21/03/2019 https://hcservices.ecourts.gov.in/hcservices/