Madras High CourtCMP(MD)/12264/2016allowed

G. Dhanam v. M. Shanthi

2017-10-23Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Third day of October Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12264 of 2016 IN CRP NPD(MD) No.609 of 2006 1 G.DHANAM(DIED) 2 K.GOVINDAN 3 JEEVA 4 BABU ... PROPOSED PETITIONERS/ LRS OF THE SOLE PETITIONER Vs M. SHANTHI ... 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 1322 days in filing the application to set aside the abatement Prayer in CRP NPD(MD). 609/ 2006 :

The abovenamed petitioner begs to prefer this Memorandum of CRP against the order and decretal order dt. 13.07.2006 made in IA.45/2005 in OS.76/2004 on the file of the Subordinate Court, Karur.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.DEVARAJ, Advocate for the petitioner,the court made the following order:- Heard the learned counsel appearing for the petitioner. Though notice has been served, the respondent has not appeared in person or through counsel.

2.There is an inordinate delay of 1322 days in filing the application to set aside the abatement. This Court convinced with the averments stated in the affidavit. However, this Court feels that ends of justice would be met if the delay can be condoned on payment of costs to the Legal Aid. Accordingly, the delay is condoned on condition that the petitioner shall deposit a sum of Rs.1500/-(Rupees One thousand and five hundred only) to the Legal Aid Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of a copy of this order, failing https://hcservices.ecourts.gov.in/hcservices/

which, this petition shall automatically dismissed without further reference to this Court.

sd/- 23/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, KARUR DISTRICT.

COPY TO:- THE AUTHORISED OFFICER, THE LEGAL AID AND SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

ORDER

IN CMP(MD) No.12264 of 2016 IN CRP NPD(MD) No.609 of 2006 Date :23/10/2017 MV:SM-RR:SAR4:01/11/2017/3P/3C https://hcservices.ecourts.gov.in/hcservices/