Madras High CourtCMP(MD)/286/2019ordered

G.Packia Nadar v. T.Vijayalakshmi

2019-01-18Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Eighteenth day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) Nos.286 and 287 of 2019 IN CRP(MD) Nos.SR1162 and 1163 of 2018 G.PACKIA NADAR ... PETITIONER/PETITIONER IN BOTH THE PETITIONS Vs 1 T.VIJAYALAKSHMI 2 T.DINESH KUMAR 3 T.DEEPALAKSHMI ... RESPONDENTS/RESPONDENTS IN BOTH THE PETITIONS Prayer in CMP(MD).286/2019 IN CRP(MD)No.SR1162/2018 : 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 350 days in representing the above C.R.P.SR.No.1162 of 2018.

Prayer IN CRP(MD)No.SR1162/2018:

To set aside the fair and decreetal order dated 04.11.2017 passed in R.C.A.No.04 of 2015 on the file of Principal Sub Judge, Thanjavur confirming the fair and decreetal order dated 03.06.2015 passed in R.C.O.P.No.04 of 2014 on the file of Learned Rent Controller Authority-cum-District Munsif, Thiruvaiyaru. Prayer in CMP(MD).287/2019 IN CRP(MD)No.SR1163/2018 : To condone the delay of 350 days in representing the above C.R.P.SR.No.1163 of 2018 Prayer IN CRP(MD)No.SR1163/2018:

To set aside the fair and decreetal order dated 04.11.2017 passed in R.C.A.No.05 of 2015 on the file of Principal Sub Judge, Thanjavur confirming the fair and decreetal order dated 03.06.2015 passed in R.C.O.P.No.05 of 2006 on the file of Learned Rent Controller Authority-cum-District Munsif, Thiruvaiyaru. 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.M.P.SENTHIL, Advocate for the petitioner in both the petitions, the court made the following order:- These petitions have been filed to condone the delay of 350 days in re-presenting the above civil miscellaneous appeals in C.M.A.(MD).SR.Nos.1162 and 1163 of 2018.

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2. Considering the reasons stated in the affidavit filed in support of the petitions and also considering the length of delay, this Court is inclined to condone the delay, subject to the payment of cost of Rs.1000/- (Rupees One Thousand only) in each petition to the "Legal Services Authority, attached to the Madurai Bench of Madras High Court", within a period of one week from the date of receipt of a copy of this order, failing which, these petitions shall stand dismissed automatically, without any further reference to this Court.

3. These petitions are accordingly ordered.

sd/- 18/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SUBORDINATE JUDGE, THANJAVIR 2 THE RENT CONTROLLER AUTHORITY-CUM-DISTRICT MUNSIF, THIRUVAIYARU. COPY TO : THE OFFICER INCHARGE, LEGAL SERVICE AUTHORITY. MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) Nos.286 and 287 of 2019 IN CRP(MD) Nos.SR1162 and 1163 of 2018 Date :18/01/2019 PK/PN/SAR-1/28.01.2019 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/