M.Alexis Amutha, v. R.Shanmugam,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Nineteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2433 of 2019 IN SA(MD) No.SR48377 of 2017 M.ALEXIS AMUTHA ... PETITIONER/APPELLANT Vs 1 R.SHANMUGAM 2 R.SUBRAMANIAN 3 M.MURUGAN 4 A.RAMASAMY 5 M.KANNAN 6 T.UDAIYAPPAN ... 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 258 days in payment of deficit court fee of Rs.177.50 in SA SR(MD)No.48377 of 2017 on the file of this Hon'ble Court and thus render justice.
PRAYER IN SA(MD) No.SR48377 of 2017:
To set aside the judgment and decree dated 17.08.2017 made in AS NO.92 of 2014 on the file of Sub Court, Sivagangai, confirming the judgment and decree dated 1.03.2014 made in OS NO.2 of 2012 on the file of District Munsif Court, Sivagangai, and allow this second appeal on the file of this Hon`ble court and pass such further or other orders.
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.V.S.KUMARAGURU, Advocate for the petitioner and of Mr.AL.KANNAN, Advocate for Mr.VR.SHANMUGANATHAN, Advocate for R1, the court made the following order:- Heard.
2.This petition has been filed by the petitioner seeking to condone the delay of 258 days in paying the deficit court fee. https://hcservices.ecourts.gov.in/hcservices/ 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.1,000/- (Rupees one thousand 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.
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" on 25.03.2019.
sd/- 19/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE SUBORDINATE JUDGE, SIVAGANGAI.
2.THE DISTRICT MUNSIF COURT,SIVAGANGAI.
COPY TO:
1.THE AUTHORITY OFFICER, LEGAL AID 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.2433 of 2019 IN SA(MD) No.SR48377 of 2017 Date :19/03/2019 TK/JC/SAR-2/21.03.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/