Madras High CourtCMP(MD)/4152/2019ordered

S.Samuel, v. Athimoola Meenakshi,

2019-04-23Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Third day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4152 of 2019 IN SA(MD) No.SR47901 of 2016 S.SAMUEL ... PETITIONER/APPELLANT Vs 1 ATHIMOOLA MEENAKSHI, 2 VIMALA, 3 THE JOINT REGISTRAR NO.1, SUB REGISTRARS OFFICE, PALAYAMKOTTAI, TIRUNELVELI 627 009. 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 834 days in representing the SA(MD) SR.No.47901 of 2016 on the file of this Honourable High Court. PRAYER IN SA(MD) No.SR47901 of 2016 call for the records from the Courts below and set aside the Decree and judgment in A.S.NO.

45 of 2015 passed by the Principal District Judge, Tirunelveli dated 04.01.2016 confirming the Decree and Judgment in O.S.No.307 of 2011 passed by the Learned Principal Sub-ordinate Judge, Tirunelveli dated 25.11.2014 by allowing this second appeal and pass such further or other orders. 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.S.JAWAHARLAL, 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 834 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 Chief https://hcservices.ecourts.gov.in/hcservices/

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.

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/- 23/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI.

THE PRINCIPAL SUBORDINATE JUDGE, TIRUNELVELI.

COPY TO THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

THE SUB-ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

PS/VR/SAR-2/25.04.2019/2P/5C

ORDER

IN CMP(MD) No.4152 of 2019 IN SA(MD) No.SR47901 of 2016 Date :23/04/2019 https://hcservices.ecourts.gov.in/hcservices/