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Madras High CourtCMP(MD)/1095/2018ordered

Ashok Kumar, S/O.Krishnaraju v. V.Balu S/O.Late.Sattampillai

2018-02-08Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eighth day of February Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1095 of 2018 IN CRP(MD) No.SR49746 of 2016 ASHOK KUMAR ... PETITIONER/PETITIONER Vs 1 V.BALU 2 S.MUNIAPPAN 3 MUNIYANDI 4 M.RAMESH A.GNANASUNDARAM 5 A.NARAYANAN 6 A.MUTHUKUMAR 7 MANOHARIAMMAL 8 DAVAMANI 9 BHAVANI 10 K.V.N.KANTHARAJ 11 K.V.N.SIVAKAMI 12 K.V.MARAGATHAM 13 K.V.RAJAM 14 R.SEETHALAKSHMI 15 K.V.ANGESHWARI PITCHIAMMAL (DIED) 16 S.PANDIAN 17 S.KALYANASUNDARAM 18 S.BALASUBRAMANIAN 19 A.PANDIAN 20 R.PANDI 21 N.SIVAKUMAR 22 N.KASIVISWANATHAN KAMATCHISUNDARAM (DIED) 23 KALEESWARI 24 DHANALAKSHMI 25 MARUDHADURAI 26 SURESH RAJA

27 MANICKAVALLI 28 LADHA 29 SUDHA 30 SANTHANALAKSHMI 31 MARAGATHAM ... 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 361 days in representing the above CRP.SR.No.49746 of 2016 and pass such further or other orders, as this Honourable Court may deems fit and proper in the circumstances of the case thus render justice.

PRAYER IN CRP(MD) No.SR49746 of 2016:

To set aside the fair and decreetal order passed in I.A.No.48 of 2015 in O.S.No.20 of 2007 on the file of Additional District Judge, Dindigul dated 06.08.2016.

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.M.P.SENTHIL, Advocate for the petitioner and the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 361 days in representing C.R.P.(MD)No.SR49746 of 2016.

2. Considering the reasons set out in the affidavit filed in support of the petition, this petition is allowed and the delay of 361 days is condoned subject to the payment of cost of Rs.1,500/- (Rupees One Thousand and Five Hundred Only) to the Legal Services Authority, attached to this Bench, within a period of two weeks 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.

sd/- 08/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.)

TO THE ADDITIONAL DISTRICT JUDGE, DINDIGUL Copy to:

THE AUTHORISED OFFICER, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.1095 of 2018 IN CRP(MD) No.SR49746 of 2016 Date :08/02/2018 gns SH/PM/SAR-1:14.02.2018:3p/3c