Saraswathi, v. Chellammal,

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.3821 of 2019 IN SA(MD) No.SR13921 of 2017 SARASWATHI ... PETITIONER/ APPELLANT Vs 1 CHELLAMMAL 2 KARUPPAIYAN @ KALIMUTHU 3 RAJESHWARI 4 RENGAMMAL 5 KARUPPAYEE 6 PERIYANAYAGI 7 RAJATHAMBI 8 RAJAMURUGAN ... 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 718 days in representing the present Second Appeal in SA(MD)SR.No.13921 of 2017 and pass suitable orders and thereby render justice.

PRAYER IN SA(MD) No.SR13921 of 2017:

To allow this second appeal and set aside the judgment and decree dated 08.09.2016 in A.S.No.25 of 2015 on the file of III Additional District Judge, Thanjavur at pattukkottai confirming the decree and judgment passed in O.S.No.106 of 2007 on the file of Sub Court, Pattukkottai, dated 22.04.2015.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.V.RAMAMOORTHY, 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 718 days in representing the above Second Appeal.

https://hcservices.ecourts.gov.in/hcservices/ 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.2,500/- (Rupees two thousand and five hundred 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/- 16/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE III ADDITIONAL DISTRICT JUDGE, THANJAVUR AT PATTUKKOTTAI.

2. THE SUBORDINATE JUDGE, PATTUKKOTTAI.

COPY TO:

1 THE OFFICER INCHARGE, LEGAL SERVICES COMMITTEE, 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.3821 of 2019 IN SA(MD) No.SR13921 of 2017 Date :16/04/2019 MS/MMS/SAR-4/25.04.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/