Madras High CourtCMP(MD)/4698/2016dismissed

Francis v. Joslin Theras Pakiyam

2016-08-11Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eleventh day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice R.MALA CMP(MD) No.4698 of 2016 IN SA(MD) No.SR18395 of 2016 FRANCIS ... PETITIONER/APPELLANT Vs 1 JOSLIN THERAS PAKIYAM 2 BEESKI ANTONY JEYASEELAN, 3 MICHAEL RAJAN ... RESPONDENTS/RESPONDENTS CMP(MD)No. 4698/2016 in SA(MD)No.SR.18395/16 : 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 1643 days in filing second appeal and thus ender justice. SA(MD)SR.No. 18395/2016 : Second appeal against the decree and judgement passed in A.S.No. 27 of 2011 on the file of the Additional District Judge, Fast Track Court NO.II, Thoothukudi dated 08.07.

2011 confirming the decree and judgement passed in O.S.No. 59 of 2008 on the file of the District Munsif, Sattankulam, dated 17.3.2010. 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. T.A.EBENEZER, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- When the matter was taken up for hearing on 28.07.2016, there was no representation for the petitioner. Hence, the matter was directed to be listed under the caption for orders. When the matter is taken up for hearing today, there is no representation for the petitioner.

2.Considering the reasons stated in paragraph No.3 of the affidavit filed in support of this petition and also applying the dictum laid down in 1998 (7) SCC 123 (N.Krishnan Vs.

Krishnamoorthy.M.) and 2011(4) SCC 363 (Lanka Venkateswaralu Vs. Sate of A.P.) even though the delay is immaterial, the same should be explained with sufficient reason. There is no convincing reasons https://hcservices.ecourts.gov.in/hcservices/

stated in the affidavit, I am not inclined to condone delay. Accordingly, the petition is dismissed.

sd/- 11/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE, FAST TRACK COURT NO.II, THOOTHUKUDI.

2 THE DISTRICT MUNSIF, SATTANKULAM +1cc to M/S. T.A.EBENEZER, ADVOCATE SR.No. 43745

ORDER

IN CMP(MD) No.4698 of 2016 IN SA(MD) No.SR18395 of 2016 Date :11/08/2016 JA-SKS-RR-SAR.I/01.09.2016/2P:4C https://hcservices.ecourts.gov.in/hcservices/