Madras High CourtCMP(MD)/25/2017ordered

V.Elangovan v. Rajasekaran

2017-01-05Honourable Mr Justice M.Duraiswamy2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DURAISWAMY CMP(MD) No.25 of 2017 IN SA(MD) No.SR41840 of 2015 1 V.ELANGOVAN 2 M.SIVAKUMAR ... PETITIONER/APPELLANTS Vs 1 RAJASEKARAN 2 ARUKKANIAMMAL 3 RATHINAM ... 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 283 days in representing the SA.SR.No.41840/2015 on the file of this Honourable High Court. Prayer in SA(MD)SR41840 of 2015:- Memorandum of Grounds of Second Appeal against the Judgment and Decree in A.S.No. 55 of 2011 dated 23.10.2013 on the file of the Principal Subordinate Judge, Karur confirming the judgment and decree in O.S.No. 373 of 2009 dated 10.02.2011 on the file of the Principal District Munsif, 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. K.GOVINDARAJAN, Advocate for the petitioner and the court made the following order:- Heard the learned counsel appearing for the petitioners.

2. There is a delay of 283 days in representing the papers. In Paragraph No.3 of the affidavit filed in support of this petition, the petitioners have stated that the returned papers got mixed up with other bundles and hence, the same could not be represented in time and hence, there is a delay of 283 days in representing the papers.

3. Though the petitioners have explained the reasons for the delay, since the delay is on higher side, the same can be condoned on payment of costs. Accordingly, the delay of 283 days in representing the papers is condoned on condition the petitioners https://hcservices.ecourts.gov.in/hcservices/

paying a sum of Rs.500/- (Rupees Five Hundred only) to the "The Bubble' Day Care Creche " maintained by the Women Advocate Association, attached to the Madurai Bench of Madras High Court, Madurai, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without further reference to this Court.

4. Accordingly, this petition is ordered.

sd/- 05/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SUBORDINATE JUDGE, KARUR.

2 THE PRINCIPAL DISTRICT MUNSIF, KARUR.

COPY TO: "THE BUBBLE' DAY CARE CRECHE "

MAINTAINED BY THE WOMEN ADVOCATE ASSOCIATION, THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI SSL CSL/SS-3/SAR-III/09.01.2017 : 2P/4C

ORDER

IN CMP(MD) No.25 of 2017 IN SA(MD) No.SR41840 of 2015 Date :05/01/2017 https://hcservices.ecourts.gov.in/hcservices/