Madras High CourtCMP(MD)/3010/2019ordered

V.Nagarajan, v. Oli Mohamed,

2019-04-01Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3010 of 2019 IN SA(MD) No.SR28577 of 2018 V.NAGARAJAN ... PETITIONER/APPELLANT Vs 1 OLI MOHAMED 2 THE ASSISTANT DIRECTOR, TOWN AND COUNTRY PLANNING, THANJAVUR.

3 THE STATE OF TAMILNADU REP.BY THE DISTRICT COLLECTOR, COLLECTORATE, THANJAVUR.

4 MOHAN 5 BANUMATHI 6 INDIRA (NO RELIEF IS CLAIMED AGAINST THE RESPONDENTS 4 TO 6) ... 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 221 days in representing the above appeal and thus render justice.

PRAYER IN SA(MD) No.SR28577 of 2018 To set aside the decree and judgment passed in A.S.No. 42/2017 on the file of Additional Sub Court, Kumbakonam dated 19.02.2018 confirming the decree and judgment passed in O.S.No. 419/2010 on the file of I Additional District Munsif Court, Kumbakonam dated 25.04.2017 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.V.K.VIJAYARAGAVAN, Advocate for the petitioner and of MR.H.LAKSHMI SHANKAR on behalf of the 1st Respondent (Caveator), the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

Heard.

2.This petition has been filed by the petitioner praying to condone the delay of 221 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.1,000/-.(Rupees one thousand only) to the Chief Justice Relief Fund 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.

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/- 01/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL SUBORDINATE JUDGE, KUMBAKONAM 2 THE I ADDITIONAL DISTRICT MUNSIF, KUMBAKONAM COPY TO:-1. THE SECTION OFFICER,(THE CHIEF JUSTICE RELIEF FUND) ACCOUNTS SECTION, 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.3010 of 2019 IN SA(MD) No.SR28577 of 2018 Date :01/04/2019 MSI/JC/SAR 2/03.04.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/