Madras High CourtCMP(MD)/2750/2019ordered

A.Thangavel. v. V.Narayana Chettiar,

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.2750 of 2019 IN SA(MD) No.SR30853 of 2018 A.THANGAVEL. PETITIONER/APPELLANT Vs 1.V.NARAYANA CHETTIAR, 2 C.KANTHAIAH, 3 K.MANIMARAN, 4 K.MANIVANNAN, 5 K.MANOKAR, 6 K.VARATHARAJAN, ... RESPONDENTS/RESPONDENTS/ DEFENDANT 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 217 days in re-presenting the second appeal in S.A.SR(MD).No. 30853 of 2018 and thus render justice. PRAYER IN SA(MD) No.SR30853 of 2018:- To set aside the Decree and Judgment passed in A.S.No.108 of 2017 on the file of the Sub-Court, Aranthangi dated 03.03.

2018 confirming the Decree and Judgment passed in O.S.No.192 of 2010 dated 14.06.2016 on the file of District Munsif Court, Aranthangi by allowing the 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 Mr.K.BAALASUNDHARAM, 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 217 days in representing the above Second Appeal.

https://hcservices.ecourts.gov.in/hcservices/ 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 Babbles Day Care run by Women Lawyers Association, Madurai Bench of Madras High Court, Madurai, 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 SUBORDINATE JUDGE, ARANTHANGI.

2.THE DISTRICT MUNSIF, ARANTHANGI.

COPY TO:

1.THE OFFICER INCHARGE, BABBLES DAY CARE RUN BY WOMEN LAWYERS ASSOCIATION, 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.2750 of 2019 IN SA(MD) No.SR30853 of 2018 Date :18/03/2019 AE/JC/SAR-IV/21.03.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/