Madras High CourtCMP(MD)/2675/2019ordered

M.Murugan v. M.Suseela

2019-03-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2675 of 2019 IN SA(MD) No.SR6116 of 2017 M.MURUGAN ... PETITIONER/ APPELLANT -VsM.SUSEELA ... 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 725 days in representing the above appeal PRAYER IN SA(MD) No.SR6116 of 2017:

To set aside the decree and judgment passed in A.S.No.25 of 2012 on the file of I Additional District and Sessions Judge(PCR), Thanjavur dated 17.10.2016 confirming the decree and judgment passed in O.S.No.66 of 2009 on the file of Additional Sub Court, Thanjavur. 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.K.VIJAYARAGAVAN, Advocate for the petitioner, the court made the following order:- Heard.

2.This petition has been filed by the petitioners seeking to condone the delay of 725 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.1,500/-.(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.

https://hcservices.ecourts.gov.in/hcservices/ 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/- 15/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE 1st ADDITIONAL DISTRICT AND SESSIONS JUDGE(PCR), THANJAVUR.

2 THE ADDITIONAL SUBORDINATE JUDGE, THANJAVUR.

COPY TO:

1 THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, 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.2675 of 2019 IN SA(MD) No.SR6116 of 2017 Date :15/03/2019 MS/PN/SAR-3/20.03.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/