Parvathi Bai, v. Thankamma Dharmaraj,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Eighth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.6322 of 2016 IN SA(MD) No.708 of 2006 PARVATHI BAI, ... PETITIONER/APPELLANT. Vs 1 THANKAMMA DHARMARAJ, 2 SANTHA, 3 LATHA CHANDRAN, 4 SREEKUMARAN THAMPI, 5 NASIGETHAN, 6 GANDHIMATHI, 7 ACHIAMMAL, 8 RAJEDNRAN, ... 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 1612 days in filing the application for restoration of S.A.No.708 of 2006 as against the respondents 2 & 3. 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. V.
RAGHAVACHARI, Advocate for the petitioner, the court made the following order:- Though the delay in 1612 days, I find that the delay was on account of the failure of the learned counsel, to notice the dismissal of the appeal for non-payment of second batta. The appeal was dismissed for non prosecution after taking note of the fact that the counsel for the appellant is ready to pay cost. Hence, this petition in allowed on condition that the petitioner shall pay a sum of Rs.2,000/- to the learned counsel for https://hcservices.ecourts.gov.in/hcservices/ the respondent within a period of two weeks from the date of receipt of a copy of this order.
Learned counsel for the petitioner is directed to take notice to R2 & R3 in the appeal immediately upon restoration of appeal. sd/- 28/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SUBORDIATE JUDGE, PADMANABHAPURAM.
2 THE DISTRICT JUDGE, KANYAKUMARI AT NAGERCOIL.
+One cc to Mr.M.Suri, Advocate, SR.No.57068
ORDER
IN CMP(MD) No.6322 of 2016 IN SA(MD) No.708 of 2006 Date :28/09/2016 AM/SS3/SAR-I/03.10.2016/2P/4C https://hcservices.ecourts.gov.in/hcservices/