Madras High CourtCMP(MD)/897/2019ordered

Susi@ Susila, v. Deivanai (Died),

2019-02-01Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Nineteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) Nos.897 and 898 of 2019 IN CRP(MD) No.SR27802 and 11948 of 2018 1 SUSI@ SUSILA 2 AMUTHA 3 SURESH ... PETITIONERS/PETITIONERS IN BOTH PETITIONS Vs DEIVANAI (DIED) 1.PARAMASIVAM PONNUSAMY (DIED) SIVAKAMI(DIED) 2 SUNDAR 3 CHITRA ... RESPONDENTS/RESPONDENTS IN BOTH PETITION PRAYER IN CMP(MD) No.897 of 2019:

` 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 692 days in representing the CRP SR.No.27802 of 2018.

PRAYER IN CMP(MD) No.898 of 2019:

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 643 days in representing the CRP SR.No.11948 of 2017.

PRAYER IN CRP SR.No.27802 of 2018:

To set-a-side the fair and decreetal order dated 23.12.2016 in E.A.No. 49 of 2016 in E.A.No. 16 of 2010 in E.P.No. 11 of 2009 in OS.No. 189 of 1997 on the file of the Principal District Munsif Cum Judicial Magistrate Court, Lalgudi.

PRAYER IN CRP SR.No.11948 of 2017:

To set-a-side the fair and decreetal order dated 23.12.2016 in E.A.No. 50 of 2016 in E.A.No. 16 of 2010 in E.P.No. 11 of 2009 in OS.No. 189 of 1997 on the file of the Principal District Munsif Cum Judicial Magistrate Court, Lalgudi.

ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.S.MUTHUKRISHNAN, Advocate for the petitioner in both the petitions, the court made the following order:- This matter is posted today under the caption 'for being mentioned' at the instance of the learned counsel appearing for the petitioner.

2.The learned counsel appearing for the petitioner would submit that this Court vide orders dated 01.02.2019, made in C.M.P(MD) Nos.897 and 898 of 2019 in CRP(MD)No.SR.27802 and 11948 of 2018, directed the petitioner to pay Rs.1,000/- as costs to the Babbles Day Care run by Women Lawyers Association, Madurai Bench of Madras High Court, Madurai for each of the petitions, but the petitioner has paid only Rs.1,000/- for both the petitions to the High Court Legal Services Committee attached to this Bench inadvertently. Hence, he prayed to accept the same and allow the petitions. He produced the copy of the receipt given by the High Court Legal Services Committee attached to this Bench.

3.Considering the submission made on the side of the petitioner and also considering the receipt produced by the petitioner, this Court directs the office to treat, the condition is complied with in respect of the order made in C.M.P(MD)No.897 of 2019 in C.R.P(MD) No.SR 27802 of 2018 only, by paying the cost of Rs.1,000/- to the High Court Legal Services Committee. The petitioner is directed to pay a sum of Rs.1,000/- to the High Court Legal Services Committee attached to this Bench in respect of the petition in C.M.P(MD)No.898 of 2019 in C.R.P(MD)No.SR11948 of 2018 within a period of one week, if not already paid. The orders dated 01.02.2019 made in C.M.P(MD) Nos.897 and 898 of 2019 in CRP(MD)No.SR.27802 and 11948 of 2018, are modified accordingly.

4.In the event of payment of cost, the Registry is directed to number the revision petitions, if they are otherwise in order and list the same "for admission" forthwith.

sd/- 19/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, LALGUDI.

COPY TO:- 1. THE BABBLES DAY CARE RUN BY WOMEN LAWYERS ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

3. THE AUTHOURITY OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT,

ORDER

IN CMP(MD) Nos.897 and IN CRP(MD) No.SR27802 and 11948 of 2018 Date :19/02/2019 TK/JC/SAR.2/27.02.2019/3P/5C