Madras High CourtCMP(MD)/3697/2019allowed

Palanisamy v. P.Muthusamy,

2019-04-12Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twelfth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3697 of 2019 IN SA(MD) No.SR38540 of 2018 1 PALANISAMY 2 VEERAMALAI ... PETITIONERS/APPELLANTS Vs 1 P.MUTHUSAMY S/O LATE PONNUGOUNDER 2 V.MUTHUSAMY S/O LATE VELAPPAGOUNDER 3 KARNAN 4.THE DISTRICT COLLECTOR, TRICHIRAPPALLI PERUMPIDUGU DISTRICT.

5.THE TAHSILDAR, MANAPPARAI, TRICHY DISTRICT. ... 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 151 days in representing Second Appeal in S.A.(MD)Sr.No.38540 of 2018 and thus render justice PRAYER IN SA(MD) No.SR38540 of 2018:

To allow this appeal and set aside the judgment and decree passed in A.S.No.10 of 2007 on the file of the Learned Sub Ordinate Judge, Trichirapalli dated 30.06.2018 confirming the judgment and decree passed in O.S.No.510 of 1996 on the file of the Principal District Munsif Court, Manapparai.

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.P.GANAPATHI SUBRAMANIAN, Advocate for the petitioner and of No Appearance either in person or by an Advocate for the Respondents, the court made the following order:- Heard.

This petition has been filed by the petitioners seeking to condone the delay of 151 days in representing the above Second Appeal.

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2.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 Babbles Day Care run by Women Lawyers Association, Madurai Bench of Madras High Court, Madurai, 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. 3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the second appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 12/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUBORDINATE JUDGE, TRICHIRAPALLI.

2.THE PRINCIPAL DISTRICT MUNSIF, MANAPPARAI.

COPY TO:

1.THE OFFICER INCHARGE, BABBLES DAY CARE, WOMEM LAWYERS ASSOCIATION, 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.3697 of 2019 IN SA(MD) No.SR38540 of 2018 Date :12/04/2019 TK/MMS/SAR-4/25.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/