Mohanavalli v. B. Ganeshan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Second day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.12363 of 2016 IN SA(MD) No.161 of 2013 MOHANAVALLI ... PETITIONER/APPELLANT Vs 1 B. GANESHAN 2 VIJAYA (DIED) 3 RAMALINGAM ...RESPONDENTS 1 AND 2/ RESPONDENTS 1 AND 3 4 T. SASIKALA 5 T. RENGARAJAN ... RESPONDENTS 3 AND 4/LRS of DECEASED 2nd 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 1065 days in representing the C.M.P.(MD) SR.No. 25506 & 25507/ 2013 in S.A.(MD)No.161/2013 on the file of this Honourable Court PRAYER IN S.A.(MD)No.161/2013:

To setaside the judgement and decree passed in A.S.No.90/2006 dated 15.10.2012 on the file of the First Additional District cum Sessions Judge(P.C.R),Tiruchirapalli party reversing the Judgement dand Decree passed in O.S.No.158/1995 dated.14/10/2005 on the file of the First Additional Sub Court, Tiruchirapalli. 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.SUNDAR SRINIVASAN, Advocate for the petitioner and of M/S.KANTHAVADIVELAN, Advocate on behalf of the First Respondent, the court made the following order:- This petition is filed to condone the delay of 1065 days in representing C.M.P.(MD)Nos.Sr.25506 and 25507 of 2013 in S.A.(MD) No.161 of 2013.

https://hcservices.ecourts.gov.in/hcservices/ 2.Though the petitioner has explained the reason for the delay

in representation, this Court is able to see that the delay of 1065 days, has caused some inconvenience and loss to the respondents. Hence, in the interest of justice, the petition to condone the delay of 1065 days is allowed on condition that the petitioner pay a sum of Rs.1,000/- (Rupees One thousand only) to the learned Counsel appearing for the first respondent.

3.Registry is directed to number C.M.P.(MD)Nos.Sr.25506 and 25507 of 2013, if the papers are otherwise in order, after showing proof for payment.

sd/- 22/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE FIRST ADDITIONAL DISTRICT CUM SESSIONS JUDGE(P.C.R), TIRUCHIRAPALLI.

2 THE FIRST ADDITIONAL SUBORDINATE JUDGE, TIRUCHIRAPALLI.

ORDER

IN CMP(MD) No.12363 of 2016 IN SA(MD) No.161 of 2013 Date :22/01/2018 PK/RR-CSL/SAR-2/29.01.2018 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/