Madras High CourtCMP(MD)/4592/2016allowed

S.K.Chellaiah, (Died) v. Ganesan,

2016-10-21Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty First day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMP(MD) No.4592 of 2016 IN CMA(MD) No.SR40537 of 2014 S.K.CHELLAIAH, (DIED) 1 SANTHA 2 DHANALAKSHMI 3 RAJA LAKSHMI 4 ANNALAKSHMI 5 SEETHALAKSHMI 6 NEELAKANDAN (MINOR) S/O.LATE.CHELLAIAH, (6TH APPELLANT REPRESENTED BY HIS MOTHER SANTHA / 1ST APPELLANT) ... PETITIONERS/APPELLANTS Vs GANESAN ... 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 in filing of 118 days in presenting the Civil Miscellaneous Appeal in CMA(MD)SR.No.40537 of 2015 filed against A.S.No124 of 2007 on the file of the Sub Court, Pudukkottai dated 21.08.

2013, setting aside the judgment and decree passed in O.S.No.163 of 1994 on the file of the District Munsif Court, Arathangi dated 31.03.2004 and thus render justice. 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.GANAPATHI SUBRAMANIAN, Advocate for the petitioner and of M/S.K.BAALASUNDARAM, Advocate on behalf of the Respondent the court made the following order:- This petition has been filed to condone the delay of 118 https://hcservices.ecourts.gov.in/hcservices/ days in filing the above appeal.

2. Considering the reasons stated in the affidavit filed in

support of this petition, this petition is allowed and the delay is condoned on payment of cost of Rs.1,000/- (Rupees One Thousand only) to the Legal Services Authority attached to this Bench, on or before 26.10.2016, failing which this petition shall stand dismissed automatically without any further reference to this Court.

3. If the aforesaid condition is complied with within the time stipulated, and if the papers are in order, Registry is directed to number the appeal and post the same for admission. sd/- 21/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, PUDUKOTTAI.

2 THE DISTRICT MUNSIF, ARANTHANGI.

COPY TO: THE OFFICER IN CHARGE, LEGAL SERVICES AUTHORITY , MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

PS CSL/DB/SAR-I/25.10.2016:2P/4C

ORDER

IN CMP(MD) No.4592 of 2016 IN CMA(MD) No.SR40537 of 2014 Date :21/10/2016 https://hcservices.ecourts.gov.in/hcservices/