Madras High CourtCMP(MD)/2223/2019ordered

Ponmayan @ Pommayan, v. K.Mahendran,

2019-03-08Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighth day of March Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2223 of 2019 IN SA(MD) No.SR37634 of 2018 PONMAYAN @ POMMAYAN, ... PETITIONER/APPELLANT Vs 1.K.MAHENDRAN, RAMASAMY (DIED) 2 RAJAGOPAL, 3 RAJA, ... 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 155 days in representing the above Second Appeal in SA.(MD) SR.No.37634 of 2018.

PRAYER IN SA.(MD) SR.No.37634 of 2018:- To set aside the judgment and decree dated 20.04.2018 in A.S.No.32 of 2016 passed by the learned Additional Sub Court, Dindigul reversing the judgment and decree dated 29.07.2016 in O.S.No.128 of 2010 passed by the learned District Munsif, Nilakottai, Dindigul District.

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

This petition has been filed by the petitioner seeking to condone the delay of 155 days in representing the above Second Appeal.

2.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 https://hcservices.ecourts.gov.in/hcservices/

of cost of Rs.500/- (Rupees five hundred only) to the Legal 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.

3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the second appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 08/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL SUBORDINATE JUDGE, DINDIGUL.

2.THE DISTRICT MUNSIF, NILAKOTTAI, DINDIGUL DISTRICT.

COPY TO:- 1.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2.THE OFFICER INCHARGE LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to MR.S.MUNIYANDI Advocate SR.No.4523

ORDER

IN CMP(MD) No.2223 of 2019 IN SA(MD) No.SR37634 of 2018 Date :08/03/2019 https://hcservices.ecourts.gov.in/hcservices/ AE/JC/SAR-II/12.03.2019/4P/6C