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Madras High CourtCMP(MD)/2312/2017allowed

Gilbert v. Esakkimuthu

2017-03-15Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fifteenth day of March Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice N.SESHASAYEE CMP(MD) No.2312 of 2017 IN SA(MD) No.SR36541 of 2014 GILBERT ... PETITIONER/APPELLANT Vs 1 ESAKKIMUTHU 2 UDAYAMARI ... RESPONDENTS/RESPONDENTS 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 847 days in representing the SA(MD).SR.No.36541 of 2014 against the Decree and Judgment dated 25.04.2014 made in A.S.No:56 of 2012 on the file of Subordinate Court, Ambasamutram and confirming the Judgment and Decree dated 28.02.2012 made in O.S.No:125 of 2008 on the file of District Munsif Cum Judicial Magistrate Court, Cheranmahadevi.

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.P.SUBBARAJ, Advocate for the petitioner and the court made the following order:- This petition is filed to condone the delay of 847 days in representing the appeal.

2.Heard the learned counsel appearing for the petitioner. 3.Being satisfied with the reasons stated in the affidavit filed in support of this petition and in the interest of justice, this petition is allowed and delay is condoned on payment of Rs.1000/- [Rupees one thousand only] to the Legal Services Authority, attached to this Bench within a period of two weeks from the date of receipt of a copy of this order, failing to which this petition shall stand dismissed automatically without further reference to this Court. sd/- 15/03/2017 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.The Subordinate Judge, Ambasamutram , Tirunelveli district.

2.The District Munsif Cum Judicial Magistrate, Cheranmahadevi, Tirunelveli district.

3.The Officer Incharge, Legal Services Authority, Madurai Bench of Madras High Court, Madurai.

SVA/RR/SAR3/17.03.2017/2P/4C

ORDER

IN CMP(MD) No.2312 of 2017 IN SA(MD) No.SR36541 of 2014 Date :15/03/2017 https://hcservices.ecourts.gov.in/hcservices/