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Madras High CourtCMP(MD)/2331/2019ordered

Anbukanikkai, v. Nallamani,

2019-03-07Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Seventh day of March Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2331 of 2019 IN SA(MD) No.SR35365 of 2017 ANBUKANIKKAI, ... PETITIONER/APPELLANT Vs NALLAMANI, ... 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 530 days in representing the second appeal in SA.SR.(MD) No.35365 of 2017.

PRAYER IN SA(MD) No.SR35365 of 2017:- To set aside the Decree and Judgment passed in A.S.No.32 of 2016 on the file of the Principal District Judge, Dindigul dated 27.03.2017 confirming the Decree and Judgment passed in O.S.No.132 of 2009 dated 20.07.2016 on the file of Additional Subordinate Judge, Dindigul 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 M/S.A.ARUL JENIFER, Advocate for the petitioner and of MR.A.ARUMUGAM for M/S.AJMAL ASSOCIATES for Caveator, the court made the following order:- Heard.

2.This petition has been filed by the petitioners seeking to condone the delay of 530 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.1500/-.(Rupees one thousand and 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 further reference to this Court.

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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/- 07/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL DISTRICT JUDGE, DINDIGUL.

2.THE ADDITIONAL SUBORDINATE JUDGE, DINDIGUL.

COPY TO:

1.

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

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

+1. C.C. to MR.A.ARUL JENIFER Advocate SR.No.4578

ORDER

IN CMP(MD) No.2331 of 2019 IN SA(MD) No.SR35365 of 2017 Date :07/03/2019 AE/JC/SAR-II/12.03.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/