Petchiyappan, v. Kaleeswari,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eleventh day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3105 of 2019 IN SA(MD) No.SR12997 of 2019 1 PETCHIYAPPAN 2 KARUPPAIAH ... PETITIONERS/ APPELLANTS Vs KALEESWARI ... 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 179 days in filing the above SA. PRAYER IN SA(MD) No.SR12997 of 2019:

To prefer this Memorandum of grounds of second appeal against the judgment and decree dated 17.11.2017 made in A.S.No.21 of 2011 on the file of the Sub Court, Srivilliputtur allowing in part of the judgment and decree dated 13.12.2010 made in O.S.No.426 of 2008 on the file of the Principal District Munsif Court, Srivilliputtur. 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.SITHARANJANDAS, Advocate for the petitioners and of Mr.B.RAJESH SARAVANAN, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed by the petitioners seeking to condone the delay of 179 days in filing the above appeal. 2.Heard the learned counsel appearing for both sides.

There is no serious objection on the side of the respondent. 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.500/-.(Rupees five hundred 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.

https://hcservices.ecourts.gov.in/hcservices/

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/- 11/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, SRIVILLIPUTTUR 2 THE PRINCIPAL DISTRICT MUNSIF, SRIVILLIPUTTUR.

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.3105 of 2019 IN SA(MD) No.SR12997 of 2019 Date :11/04/2019 MS/PN/SAR-1/23.04.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/