Madras High CourtCMP(MD)/3792/2019ordered

V.V.Sethuraman, v. V.Swaminathan,

2019-04-16Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Sixteenth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3792 of 2019 IN SA(MD) No.SR963 of 2017 V.V.SETHURAMAN ... PETITIONER/APPELLANT Vs V.SWAMINATHAN ... 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 790 days in paying the deficit court fee be condone and accept the same and thus render justice. PRAYER IN SA(MD) No.SR963 of 2017:

To set aside the Judgment and Decree of the Lower Appellate Court dated 21.11.2014 passed in A.S.No.37 of 2013 on the file of the Principal Subordinate Judge, Thanjavur, confirming the Judgment and Decree of the Trial Court dated 27.06.2013 passed in O.S.No.10 of 2011 on the file of the District Munsif Court, Thiruvaiyaru, and allow the present Second Appeal.

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.NANDAKUMAR, Advocate for the petitioner, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 790 days in paying the deficit Court fee. 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.3,000/- (Rupees three thousand only) to the Legal Services Committee, attached to this Bench, 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.

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3.This petition is accordingly ordered.

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

sd/- 16/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL SUBORDINATE JUDGE, THANJAVUR. 2.THE DISTRICT MUNSIF COURT, THIRUVAIYARU.

COPY TO:

1.THE AUTHORITY OFFICER, LEGAL SERIVICE COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.R.NANDAKUMAR Advocate SR.No.6926

ORDER

IN CMP(MD) No.3792 of 2019 IN SA(MD) No.SR963 of 2017 Date :16/04/2019 TK/PN/SAR-4/25.04.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/