Madras High CourtCMP(MD)/3913/2019allowed

Sree Ramachandran, v. Retnaswamy,

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.3913 of 2019 IN SA(MD) No.SR18315 of 2018 1 SREE RAMACHANDRAN 2 NAGAMMAL ... PETITIONERS/ APPELLANTS Vs 1 RETNASWAMY 2 PADMAVATHY ... 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 336 days in representing the above SA.SR.No.18315 of 2018.

PRAYER IN SA(MD) No.SR18315 of 2018:

To prefer this memorandum of second appeal against the judgment and decree dated 07.11.2017 passed in A.S.No.6 of 2017 on the file of 2nd Additional Subordinate Judge at Nagercoil reversing the judgment and decree dated 06.09.2016 passed in O.S.No.166 of 2014 on the file of 1st Additional District Munsif, Nagercoil. 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.P.SENTHIL, Advocate for the petitioners, 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 petitioners seeking to condone the delay of 336 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 Babbles Day Care run by Women Lawyers Association, Madurai Bench of Madras High Court, Madurai, on or before 15.04.2019, 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" on 16.04.2019.

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

TO 1 THE 2ND ADDITIONAL SUBORDINATE JUDGE, NAGERCOIL 2 THE 1ST ADDITIONAL DISTRICT MUNSIF, NAGERCOIL.

COPY TO:

1. THE OFFICER INCHARGE, BABBLES DAY CARE RUN BY WOMEN 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.3913 of 2019 IN SA(MD) No.SR18315 of 2018 Date :12/04/2019 MS/PN/SAR-4/12.04.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/