← Library
Madras High CourtCMP(MD)/4288/2019ordered

A.Ramasamy, v. Gnanodhayam,

2019-04-25Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fifth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.4288 of 2019 IN SA(MD) No.SR17651 of 2019 1 A.RAMASAMY 2 A.PARAMESWARAN 3 R.VASANTHA 4 P.CHITRA ... PETITIONERS/ APPEALLANTS -Vs1 GNANODHAYAM 2 VIJAY RHAGAVAN 3 VASANTHI @ VASANTHKUMAR 4 JEYACHANDRA KALA RANI 5 JEYAVALLI 6 NAVANEETHA KRISHNAN 7 GOWRI 8 NAGARATHINAVEL 9 DHIRAVIA MUTHU MANICKAM (THE EIGHTH APPELLANT FOR HIMSELF AND AS A POWER AGENT OF THE APPELLANTS 1 TO 7 & 9) 10 IYYAPPAN @ SABARI BALA RATHINAM 11 SHYAMALA EASWARI 12 MANIMEGALAI 13 RATHINA GURUNATHAN ... RESPONDENTS/ RESPONDENTS (THE RESPONDENTS 10 TO 13 ARE GIVEN UP IN THIS SECOND APPEAL SINCE, THEY REMAINED EXPARTE BEFORE THE TRAIL COURT AND FIRST APPELLATE COURT) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order condoning the delay of 208 days in filing the second appeal and thus render justice.

PRAYER IN SA(MD) No.SR17651 of 2019:

To pass a decree and judgment setting aside the judgment and decree dated 18.02.2017 passed in the appeal in A.S NO.39 of 2015 on the file of the Principal District Court, Dindigul reversing the judgment and decree dated 26.09.2013 passed in the suit in O.S.No.65 of 2012 on the file of the Subordinate Court, Vedasendur. https://hcservices.ecourts.gov.in/hcservices/

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.T.R.JEYAPALAM, Advocate for the petitioners and of Mr.A.SARAVANAN, Advocate for R1 to R9, the court made the following order:- Heard.

This petition has been filed by the petitioners seeking to condone the delay of 208 days in filing 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 Legal Services Committee, attached to this Bench, on or before 27.04.2019, 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" on 29.04.2019.

sd/- 25/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL DISTRICT JUDGE, DINDIGUL.

2. THE SUBORDINATE JUDGE, VEDASENDUR.

COPY TO:

1. THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

+1CC TO Mr.T.R.JEYAPALAM, Advocate, Sr No.7263 ORDER IN CMP(MD) No.4288 of 2019 IN SA(MD) No.SR17651 of 2019 Date :25/04/2019 MS/MMS/SAR-2/25.04.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/