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Madras High CourtCMP(MD)/1551/2023allowed

Thiyagarajan v. Dhanalakshmi

2023-06-02Honourable Mr Justice C. Saravanan2 pages

CMP(MD) No.1551 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Second day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice C.SARAVANAN CMP(MD) No.1551 of 2023 in CRP(MD) SR.No.4346 of 2023 1 THIYAGARAJAN 2 SARASWATHI ... Petitioners 1 & 2 / Petitioners 1 & 2 Vs 1 DHANALAKSHMI 2 SAROJA ... Respondents 1 & 2 / Respondents 1 & 2 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 120 days in filing the present civil revision petition as against the fair and decreetal order dated 2306-2022 made in I.A.No.3 of 2020 in O.S.No.135 of 2016 on the file of the Subordinate Judge, Thuraiyur.

Prayer in CRP(MD) Sr.No.4346 of 2023:

To set aside the fair and decretal order dated 23.06.2022 made in I.A.No.3 of 2020 in O.S.No.135 of 2016 on the file of the Subordinate Judge, Thuraiyur by allowing the Civil Revision Petition.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.A.GOWTHAM, Advocate for the petitioners and of Mr.RAGUVARAN GOPALAN, Advocate for the Respondents, the court made the following order:- This petition has been filed by the petitioners seeking to condone the delay of 120 days in filing the above Civil Revision Petition.

2. Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, to meet the ends of justice, this Court is inclined to condone the delay subject to the payment of cost of Rs.3,500/- (Rupees Three Thousand and Five Hundred only) to the Chief Justice Relief Fund, https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.1551 of 2023 within a period of two weeks from the date of receipt of copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

3. This Petition is accordingly ordered.

4. In the event of payment of cost, Registry is directed to number the Civil Revision Petition, if the papers are otherwise in order and list the same ''for admission'' forthwith. sd/- 02/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SMN2 To The Sub Judge, Thuraiyur.

Copy to:

The Section Officer, Accounts Section (Chief Justice Relief Fund), Madurai Bench of Madras High Court, Madurai.

ORDER

IN CMP(MD) No.1551 of 2023 in CRP(MD) SR.No.4346 of 2023 Date :02/06/2023 ED/BUC/SAR- (06/06/2023) 2P 3C https://www.mhc.tn.gov.in/judis 2/2