Josphine Rebakkal v. Arokiasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Nineteenth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DURAISWAMY CMP(MD) No.39 of 2017 IN SA(MD) No.SR42963 of 2015 JOSPHINE REBAKKAL ... PETITIONER/APPELLANT Vs AROKIASAMY ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condoning the delay of 389 days in representing the above Second Appeal in SA(MD)SR.No.42963/2015.

Prayer in SA(MD) No.SR42963 of 2015:- Memorandum of Grounds of Second Appeal against the Judgment and Decree passed in A.S.No. 157 of 2009 dated 17.04.2014 on the file of the 1st Additional Subordinate Judge at Trichy, reversing the judgment and decree passed in O.S.No. 162 of 2009 dated 19.03.2012 on the file of Additional District Munsif, Lalgudi. 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. M.SIDDHARTHAN, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- Heard the learned counsel for the petitioners.

2. There is a delay of 389 days in representing the papers. In https://hcservices.ecourts.gov.in/hcservices/ Paragraph No.4 of the affidavit filed in support of the petition, though the petitioner has satisfactorily explained the reasons for

the delay, since the delay is on the higher side, the same can be condoned on payment of costs. Hence, the delay of 389 days in representing the papers is condoned on condition that the petitioner paying a sum of Rs.1,000/- (Rupees One Thousand only) to The Bubble's Day Care Creche" maintained by the Women Advocate Association, attached to this Bench within a period of one week from the date of receipt of a copy of this order, failing which the petition shall stand automatically dismissed without further reference to this Court.

3. Accordingly, this petition is ordered.

sd/- 19/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE I ADDITIONAL SUBORDINATE JUDGE AT TRICHY. 2 THE ADDITIONAL DISTRICT MUNSIF, LALGUDI.

COPY TO: The Bubble's Day Care Creche"

MAINTAINED BY THE WOMEN ADVOCATE ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

PS CSL/RR-ME/SAR-III/20.01.2017 : 2P/4C

ORDER

IN CMP(MD) No.39 of 2017 IN SA(MD) No.SR42963 of 2015 Date :19/01/2017 https://hcservices.ecourts.gov.in/hcservices/