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Madras High CourtCMP(MD)/1785/2018ordered

Arulraj, v. Manikkam Ammal,New No.1/57

2018-02-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Eighth day of February Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1785 of 2018 AND CRP(MD) No.SR20556 of 2016 1 ARULRAJ 2 PONNAMMAL ... PETITIONERS/PETITIONERS Vs 1 MANIKKAM AMMAL KANAKARATHINAM (DIED) MINOR KARUPPASAMY (DIED) MINOR ANNAPPA (DIED) A.CHELLIAH (DIED) 2 M.SUNDARSINGH 3 MANIKKAM ASARI ... RESPONDENTS/RESPONDENTS (NOTICE TO 3RD RESPONDENT MAY BE DISPENSED WITH SINCE HE WAS SET EXPARTEE) 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 425 days in representing the CRP SR.No.20556 of 2016 and thus render justice.

PRAYER IN CRP(MD)No.SR20556 of 2016:

To allow this Civil Revision petition by set-aside the fair and decreetal order passed in I.A.No.1125/2013 in I.A.No.50/2004 in O.S.No.156/1982 on the file the 1st Additional District Munsif Court, Tirunelveli dated 16.03.2015.

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.T.SELVAN, Advocate for the petitioner and of M/S.H.ARUMUGAM, Caveator on behalf of the Respondents the court made the following order:- This Petition has been filed by the petitioners seeking to condone the delay of 425 days in representing C.R.P.(MD)No.SR.20556 of 2016.

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2. Considering the reasons set out 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.2,000/- (Rupees two thousand only) to the Legal Services Autority, attached to this Bench, within 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.

3. This petition is accordingly ordered.

sd/- 28/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE I ADDITIONAL DISTRICT MUNSIF, TIRUNELVELI COPY TO :

THE OFFICER INCHARGE, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.T.SELVAN Advocate SR.No.3368

ORDER

IN CMP(MD) No.1785 of 2018 IN CRP(MD) No.SR20556 of 2016 Date :28/02/2018 PK/CM-VR/SAR-3/05.03.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/