K.Ramasamy, v. Ayyasamy,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Nineteenth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.10762 of 2017 IN REV.APLC(MD) No.SR4728 of 2017 K.RAMASAMY ... PETITIONER / APPELLANT Vs AYYASAMY ... 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 273 days in representing the above said Review Petition in Sr.No.4728 of 2017 and thus render justice. PRAYER IN REV.APLC(MD) No.SR4728 of 2017:- to review the decree and Judgment in SA(MD)No.765 of 2014 on the file of this Hon'ble Court dated 15.12.2016. PRAYER IN SA(MD)No.

765 of 2014:- Second Appeal filed under Section 100 of civil Procedure Code, praying to set aside the judgment and decree dated 11.07.2014 made in A.S.No.13 of 2014 on the file of the Sub Court, Sankarankovil, confirming the judgment and decree dated 22.01.2014 made in O.S.No.45 of 2009 on the file of the Additional District Munsif Court, Sankarankovil and to dismiss the suit with costs 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.R.SUNDAR, Advocate for the petitioner and the court made the following order:- This petition is filed to condone the delay of 273 days in representing the above said petition in REV.APL.(MD)No.SR.4728 of 2017.

2.Considering the fact that the delay of 273 days is only in representing the papers and the reason for delay is only due to the mingling of bundles in the advocate office, this Court being satisfied with the reasons stated in the affidavit filed in support of this petition, is inclined to allow this petition subject to terms.

https://hcservices.ecourts.gov.in/hcservices/ 3.As a result, this petition is allowed subject to the condition that the petitioner pay a sum of Rs.2,000/- to the Legal

Services Authority, Madurai Bench of Madras High Court, Madurai within a period of three weeks from the date of receipt of a copy of this order.

4.Registry is directed to number the review application, if the papers are otherwise in order, after showing proof of payment. sd/- 19/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, SANKARANKOVIL 2 THE ADDITIONAL DISTRICT MUNSIF SANKARANKOVIL COPY TO:- THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI THE SECTION OFFICER, A.E SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI JAM/31/01/2018/CM-VR/ SAR 4 / 2P-5C

ORDER

IN CMP(MD) No.10762 of 2017 IN REV.APLC(MD) No.SR4728 of 2017 Date :19/01/2018 https://hcservices.ecourts.gov.in/hcservices/