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Madras High CourtCMP(MD)/464/2021ordered

M.Selvin Alias Gnanavijayan v. Nirmala

2021-03-01Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of March Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.464 of 2021 IN CRP(MD)SR.No.485 of 2021 M.SELVIN @ GNANAVIJAYAN ... PETITIONER/PETITIONER Vs 1 NIRMALA DHANALAKSHMI (DIED) 2 RAJASEKARAN 3 SAROJA 4 KASTHURI 5 MARY MEENA 6 PARANJOTHI 7 STATE BANK OF INDIA, COMMERCIAL BRANCH, TIRUPPUR, THROUGH ITS BRANCH MANAGER KARUPPANAN (DIED) 8 UMAVATHI 9 VASANTHA 10 M.BALASUBRAMANIAN 11 KAZHUGASALAM 12 UMA MAHESHWARI 13 RAVI BALAN 14 SENGUTTUVAN 15 MANIVANNAN 16 PERIYASAMY 17 KALIMUTHU 18 D.SELVAM 19 RAJESHWARI 20 RAMAN ALIAS RAMATHEVAR 21 JANAKI 22 SIVARAMAN 23 SAKTHIVEL

GURUSAMY (DIED) 24 VELUSAMY RAMASAMY (DIED) 25 KALAVATHI 26 SUDHA 27 SELLAMMAL 28 DHANAPACKIAM 29 PONRAMASAMY 30 SAKTHIRAMASAMY 31 NAGAMANI 32 G.MANOJ 33 G.PAVITHA ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 476 days in filing the above revision against the order passed in I.A.No.14 of 2019 in I.A.No.9 of 2018 in O.S.No.116 of 2012 on the file of the learned Additional District Judge (Fast Track Court), Palani.

Prayer in CRP(MD)SR.No.485 of 2021:

To set aside the fair and decreetal order dated 17.06.2019 passed in I.A.No.14 of 2019 in I.A.No.9 of 2018 in O.S.No.116 of 2012 on the file of Additional District Judge (Fast Track Court), Palani.

ORDER : This petition coming up for orders on this day, 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 of Mr.D.NALLATHAMBI, Advocate for the 6th Respondent, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 476 days in filing the above Civil Revision Petition.

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.1,500/- (Rupees One Thousand Five Hundred only) to the Legal Services Committee, attached to this Bench,within a period of two weeks from the date of receipt of a 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 revision petition, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 01/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, (FAST TRACK COURT), PALANI.

COPY TO:- THE AUTHORIZED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.464 of 2021 IN CRP(MD)SR.No.485 of 2021 Date :01/03/2021 (2/2) PKN TE/SMA/SAR-III : 04/03/2021 : 3P/3C