Balakrishnan (Died) v. Perumal,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fifth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.2968 of 2019 IN CRP(MD) No.1038 of 2009 1 BALAKRISHNAN (DIED) 2 RAJKUMAR 3 KANCHANA 4 PANDIMEENA 5 KOKILA 6 VIJAYAKUMAR ... PETITIONERS/ PETITIONERS Vs PERUMAL ... 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 714 days in representation in above CRP in M.P. (MD)No.1 of 3 of 2014 in CRP(MD)No.1038 of 2009 on the file of this Honourable Court and thus render justice.

Prayer in CRP(MD). 1038/ 2009 :

To set aside the Judgment and Decree dated 04.07.2008 passed in AS.17/2005 on the file of Principal Subordinate Court, Dindigul, as reversing the Judgment and Decree dated 30.11.2004 passed in OS.37/2004 on the file of District Munsif Court, Nilakkottai 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 M/S.S.RAMASAMY, Advocate for the petitioners and of Mr.R.J.KARTHIK, Advocate on behalf of the Respondent, the court made the following order:- This petition is filed to condone the delay of 714 days in representing the papers in M.P.(MD)Nos.1 to 3 of 2014 in C.R.P.(MD) No.1038 of 2008.

2.In the affidavit filed in support of this petition, the petitioners have given sufficient reasons for the delay in representing the papers. This Court is also convinced with the reasons stated in the affidavit filed in support of this petition. However, the delay is inordinate and hence, this Court is inclined to allow https://hcservices.ecourts.gov.in/hcservices/

this petition on terms. Accordingly, this petition is allowed and the delay is condoned on condition that the petitioners pay a sum of Rs.2,000/- to the learned Counsel for the respondent within a period of two weeks from the date of receipt of a copy of this order.

sd/- 25/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SUBORDINATE JUDGE, DINDIGUL, 2 THE DISTRICT MUNSIF, NILAKKOTTAI +1. C.C. to M/S.S.RAMASAMY Advocate SR.No.10449

ORDER

IN CMP(MD) No.2968 of 2019 IN CRP(MD) No.1038 of 2009 Date :25/06/2019 MS/JC/SAR-2/02.07.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/