Madras High CourtCMP(MD)/11291/2017ordered

Alagammal v. Nagarajan

2017-12-11Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Eleventh day of December Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11291 of 2017 IN CRP(MD) No.SR49137 of 2017 1 ALAGAMMAL 2 KOTTARASAMY ... PETITIONERS/PETITIONERS Vs 1 NAGARAJAN 2 SUBBULAKSHMI 3 MUPPUDATHI ... 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 189 days in filing the above Civil Revision Petition and thus render justice. PRAYER IN CRP(MD) No.SR49137 of 2017 :

Civil Revision petition filed under section 115 of C.P.C., praying to set aside the Fair and decretal order dated 10.02.2017 passed in I.A.No.174 of 2015 in O.S.No.98 of 2010 on the file of the District Munsif Cum Judicial Magistrate Court, Sengottai, Tirunelveli District and allow the present Civil Revision Petition.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.J.KARTHICK, Advocate for the petitioners and of MR.N.R.BALAJI, for caveator for the Respondents the court made the following order:- Heard both sides.

2. There is an inordinate delay of 189 days in filing the revision and therefore, this Court feels that the delay can condoned on payment of costs to the Legal Aid. Accordingly, the delay is condoned and this petition is ordered on condtiion that the petitioner shall pay a sum of Rs.1000/- (Rupees One thousand only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of https://hcservices.ecourts.gov.in/hcservices/

receipt of a copy of this order, failing which, this petition shall automatically be dismissed without further reference to this Court.

sd/- 11/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SENGOTTAI COPY TO : THE AUTHORISED OFFICER, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

GJM/RR/SAR-4-14.12.2017-2P-3C

ORDER

IN CMP(MD) No.11291 of 2017 IN CRP(MD) No.SR49137 of 2017 Date :11/12/2017 https://hcservices.ecourts.gov.in/hcservices/