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Madras High CourtCMP(MD)/2337/2019ordered

Ramanathan, v. Arunachala Udaiyar (Died),

2019-03-18Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eighteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2337 of 2019 IN SA(MD) No.SR34531 of 2014 RAMANATHAN ... PETITIONER/APPELLANT Vs 1 ARUNACHALA UDAIYAR (DIED) 2.CHINNAIAH UDAIYAR 3 CHELLAMMAL 4 K.A.S.MOHAN 5 CHANDRA 6 SIVAGAMI 7 PODHUM PONNU 8 ANJALAI ... 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 216 days in representing the above second appeal in SA.SR.No.34531 of 2014 and thus render justice. PRAYER IN SA(MD) No.SR34531 of 2014 To prefer this Memorandum of Grounds of Second Appeal against judgment and decree dated 31.03.2000 and made in A.S.No. 54 of 1999 on the file of Additional District Judge Cum Chief Judicial Magistrate, Pudukottai, confirming the judgment and decree dated 20.03.1998 made in OS.No.342 of 1996 on the file of Additional District Munsif, Pudukottai.

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.P.THIAGARAJAN, Advocate for the petitioner the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 216 days in representing the above Second Appeal.

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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 of cost of Rs.1,000/- (Rupees one thousand 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/- 18/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE CUM CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI 2 THE ADDITIONAL DISTRICT MUNSIF PUDUKOTTAI COPY TO:- 1. THE OFFICER IN-CHARGE, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

ORDER

IN CMP(MD) No.2337 of 2019 IN SA(MD) No.SR34531 of 2014 Date :18/03/2019 MSI/PN/SAR 3/21.03.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/