Madras High CourtCMP(MD)/29/2018allowed with costs

Petchimuthu(Died) v. Sakthivel

2018-08-10Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Tenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.29 of 2018 IN SA(MD) No.SR39470 of 2015 PETCHIMUTHU(DIED)

1. P.MURUGAN 2 SARASWATHI ... PETITIONERS/APPELLANTS Vs SAKTHIVEL ... 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 752 days in representing the returned papers.

PRAYER IN SA(MD) No.SR39470 of 2015:

To set aside the decree and the judgment dated 14.12.2012 rendered inA.S.No.30 of 2012 on the file of the Subordinate Judge, Tuticorin confirming the decree and the judgment dated 29.11.2011 rendered in O.S.No.79 OF 2007 on the file of the Additional District Munsif, Tiruchendur.

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.G.ARAVINTHAN, Advocate for the petitioner, the court made the following order:- On the side of the petitioner, it is stated that due to the negligence of the then Advocate Clerk, the delay has been occurred and the Advocate Clerk was sent out of the office for his lethargic acts.

2.The reason stated in the affidavit filed in support of this petition, is not satisfactory, but an opportunity is to be given to represent his case and hence, the petitioner is directed to deposit a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of the Hon'ble Chief Justice Relief Fund on or before 23.08.2018. This petition is allowed and the delay of 752 days is condoned. https://hcservices.ecourts.gov.in/hcservices/

3.Call on 27.08.2018, "for reporting compliance". sd/- 10/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, TUTICORIN 2 THE ADDITIONAL DISTRICT MUNSIF, TIRUCHENDUR COPY TO :

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

ORDER

IN CMP(MD) No.29 of 2018 IN SA(MD) No.SR39470 of 2015 Date :10/08/2018 PK/PN/SAR-1/23.08.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/