Madras High CourtCMP(MD)/4194/2019ordered

Palsamy (Died), v. Samuvel,

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.4194 of 2019 IN SA(MD) No.SR15396 of 2018 PALSAMY (DIED) KALIYAMMAL (DIED) 1.PONNUTHAI 2.RAJ 3.KALAIMANI 4.KAVITHA ... PETITIONERS/APPELLANTS Vs SAMUVEL ... RESPONDENT/RESPONDENT 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 356 days in representing the above SA.SR.No.15396 of 2018.

PRAYER in SA SR.No.15396 of 2018:

To present this Memorandum of Second Appeal against the Judgement and Decree passed A.S.No.10/2012 on the file of the Sub Court, Sankarankovil dated 20.12.2017 reversing the Judgement and Decree passed in O.S.No.303 of 2008 on the file of the Additional District Munsif, Sankarankovil dated 29.04.2011. 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 petitioner, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 356 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 https://hcservices.ecourts.gov.in/hcservices/

of cost of Rs.2,000/- (Rupees two thousand 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/- 23/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, SANKARANKOVIL 2 THE ADDITIONAL DISTRICT MUNSIF SANKARANKOVIL COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO : THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.4194 of 2019 IN SA(MD) No.SR15396 of 2018 Date :23/04/2019 pjl PK/MMS/SAR-4/23.04.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/