Chinniah, v. K.Muthu,

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.3812 of 2019 IN SA(MD) No.SR18756 of 2018 CHINNIAH, ... PETITIONER/APPELLANT Vs 1.K.MUTHU, 2 K.BOSE, ... RESPONDENTS 1 & 2/RESPONDENTS 1 & 2 3 KARUTHASAMY, SILAIAMMAI (DIED) 4 PERIYANAYAKI, 5 VALLI, 6 PANDI, 7 PERIYASAMY, ... RESPONDENTS 3 TO 7/RESPONDENTS 3 TO 7 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 301 days in representing the returned papers in SA(MD)SR.No.18756 of 2018 on the file of this Honourable Court. PRAYER IN SA(MD)SR.No.18756 of 2018:- To set aside the Judgment and Decree dated 24.01.2018 made in A.S.No.

36 of 2014 on the file of the Sub Court, Devakottai confirming the Judgment and Decree dated 24.01.2014 made in O.S.No.50 of 2011 on the file of District Munsif Court, Devakottai. 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.B.MURUGANANDAM, Advocate for the petitioner and of the respondent not appeared either in person or by an advocate , the court made the following order:- Heard.

https://hcservices.ecourts.gov.in/hcservices/ This petition has been filed by the petitioner seeking to condone the delay of 301 days in representing the above Second

Appeal.

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.1,000/- (Rupees one 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.

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.I) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUBORDINATE JUDGE,DEVAKOTTAI.

2.THE DISTRICT MUNSIF, DEVAKOTTAI.

COPY TO:- 1.THE OFFICER INCHARGE LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SECTION OFFICER AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) No.3812 of 2019 IN SA(MD) No.SR18756 of 2018 Date :12/04/2019 AE/JC/SAR-I/23.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/