← Library
Madras High CourtCMP(MD)/2939/2019ordered

Adhithan, v. Tiruchendur A/M.Subraaniswamy

2019-03-21Honourable Mrs Justice J. Nisha Banu2 pages

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of March Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.2939 of 2019 IN SA(MD) No.SR15397 of 2018 ADHITHAN ... PETITIONER/APPELLANT Vs 1 TIRUCHENDUR ARULMIGU SUBRAANISWAMY DEVASTHANAM, JOINT TIRUCHENDUR ARULMIGU SIVAKOZHUNDHEESWARAR, SWAMY IDOL, THROUGH ITS JOINT COMMISSIONER/ EXECUTIVE OFFICER.

2 RAMAKRISHNAN ... 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 327 days in representing the above Second Appeal SA(MD)SR.No.15397 of 2018.

PRAYER IN SA(MD) No.SR15397 of 2018 To set aside the judgment and decree dated 14.11.217 passed in A.S.No. 111 of 2017 on the file of Sub-Court, Tiruchendur reversing the judgment and decree dated 19.11.2012 passed in OS.No. 21 of 2011 on the file of District Munsif Court, Tiruchendur. 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, the court made the following order:- Heard.

2.This petition has been filed by the petitioner seeking to condone the delay of 327 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.1500/-.(Rupees one thousand and five hundred only) to the Chief Justice Relief Fund, within a period of one week from the https://hcservices.ecourts.gov.in/hcservices/

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" forthwith.

sd/- 21/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, TIRUCHENDUR.

2 THE DISTRICT MUNSIF, TIRUCHENDUR.

COPY TO:- 1. THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SUB ASSISTANT REGISTRAT, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.2939 of 2019 IN SA(MD) No.SR15397 of 2018 Date :21/03/2019 MSI/JC/SAR 3/26.03.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/