Madras High CourtCMP(MD)/2194/2017allowed

R.Pushpakala, v. M.Ponnanaintha Perumal

2017-06-23Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Third day of June Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice N.SESHASAYEE CMP(MD) No.2194 of 2017 IN SA(MD) No.SR37108 of 2016 R.PUSHPAKALA, ... PETITIONER / APPELLANT Vs M.PONNANAINTHA PERUMAL ... 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 1052 days in Filing the above second appeal in SA. SR.No.37108/2016 and thus render justice. PRAYER IN SA(MD) No.SR37108 of 2016:

To set aside the decree and judgment dated 19.07.2013 made in A.S.No.64 of 2012 on the file of the learned Principal Subordinate Judge, Nagercoil, Kanyakumari district modifying the judgment and decree dated 19.06.2012 passed in O.S.No.21 of 2011 on the file of the Learned Principal District Munsif Court, Nagercoil, Kanyakumari District.

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.G.ARAVINTHAN, Advocate for the petitioner and of MR.M.P.SENTHIL, Advocate on behalf of the Respondent the court made the following order:- This petition is filed to condone the delay of 1052 days in https://hcservices.ecourts.gov.in/hcservices/ filing the above second appeal.

2.Heard the learned counsel for the petitioner and the learned

counsel for the respondent. Counter filed.

3.Being satisfied with the reason stated in the affidavit filed in support of this petition, the delay is condoned and this petition is allowed on condition that the petitioner is directed to pay a sum of Rs.2,000/- [Rupees Two Thousand only] to the respondent, within fifteen days from the date of receipt of a copy of this order, failing which, this petition is dismissed automatically without any further reference to this court.

sd/- 23/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SUBORDINATE JUDGE, NAGERCOIL, KANYAKUMARI DISTRICT.

2 PRINCIPAL DISTRICT MUNSIF, NAGERCOIL, KANYAKUMARI DISTRICT

ORDER

IN CMP(MD) No.2194 of 2017 IN SA(MD) No.SR37108 of 2016 Date :23/06/2017 NS SVA/CM/MSA/03.07.2017/SAR3/2P/3C https://hcservices.ecourts.gov.in/hcservices/