Sathaiah, v. Manickam,

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.3839 of 2019 IN SA(MD) No.SR39051 of 2016 SATHAIAH ... PETITIONER/ APPELLANT Vs 1 MANICKAM 2 PONNAIAH ... 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 857 days in representing the present Second Appeal before Honourable Court.

PRAYER IN SA(MD) No.SR39051 of 2016:

To prefer this memorandum of Second appeal before this Hon`ble Court U/Sec 100 of the Civil Procedure code against the decree and judgment of the learned Subordinate Court, Devakottai in A.S.No.40 of 2014, dated 09.06.2016, confirming the judgment and decree of the learned District Munsif, Devakottai made in O.S.No.60 of 2013, dated 24.06.2014.

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.M.SOLAISAMY, Advocate for the petitioner, and respondent not appeared either in person or by an advocate, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 857 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.2,500/- (Rupees two thousand and five hundred only) to the Chief Justice Relief Fund, 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 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, DEVAKOTTAI.

2. THE DISTRICT MUNSIF, DEVAKOTTAI.

COPY TO:

1. THE SECTION OFFICER,(the Chief Justice Relief Fund) ACCOUNTS SECTION, 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.3839 of 2019 IN SA(MD) No.SR39051 of 2016 Date :12/04/2019 AE/JC/SAR-1/25.04.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/