S. Meenakshi Sundaram v. Subburaman(Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice S.BASKARAN CMP(MD) No.8045 of 2017 IN SA(MD) No.SR222 of 2010 S. MEENAKSHI SUNDARAM ... PETITIONER/APPELLANT Vs (*)1 SUBBURAMAN(DIED) 2 ARUMUGATHAMMAL 3 BASHEERA BEGAM (*) 4 KALA @ JANAKI 5 BANU @ BANUMATHI 6 RASU @ RAJESWARI 7 RAMANATHAN 8 MEENAL (*)RR4 TO 8 ARE BROUGHT ON RECORD AS Lrs OF DECEASED R1, VIDE COURT ORDER DATED:13.07.2017 MADE IN CMP(MD)No.4265 & 4266/17 IN SA(MD)SR.No.222/10 BY PSNJ ... 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 643 days in filing the second appeal in SA.SR.No. 222 of 2010.
PRAYER IN SA(MD) No.SR222 of 2010:
to prefer this memorandum of grounds of Second Appeal against the judgement and decree dated 14.08.2009 made in A.S.No.40/08 on the file of the District Judge, Sivagangai confirming judgement and decree dated 23.10.2007 in O.S.No.33/06 on the file of the Subordinate Judge, Devakottai 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/SG.MANIKANDAN, Advocate for the petitioner and of MR.V.R.SHANMUGANATHAN, Advocate for R2 and MR.R.SUNDAR SRINIVASAN, Advocate for R3 and R4 to R8 not appearing either in person or by an Advocate, the court made the following order:- The petitioner has come forward with this petition to condone the delay of 643 days in filing the Second Appeal against the
judgment and decree passed in A.S.No.40 of 2008, dated 14.08.2009 by the District Court, Sivagangai.
2. The petitioner states that the First Appellate Court passed the judgment and decree in A.S.No.40 of 2008 on 14.08.2009 by confirming the judgment and decree passed in O.S.33 of 2006 by the Trial Court on 23.10.2007. According to the petitioner, the first appeal was dismissed on 14.08.2009 and he applied for Judgment and decree on 17.08.2009 and the same was made ready on 29.09.2009. However, the decree was made ready only on 15.02.2010 and subsequently, due to the delay on the part of the prior counsel, the delay has occurred. According to the petitioner, the delay is neither willful nor wanton. Hence, the petitioner seeks to condone delay.
3. On the other hand, opposing the petition, the learned counsel appearing for the second respondent and the learned counsel appearing for the third respondent contented that no valid reason is stated by the petitioner for condoning the delay. They further stated that the petitioner is not interested in prosecuting the case and that is why, the delay of 2215 days has occurred in representing the Second Appeal, which was merely returned by the Registry. Hence, the respondent has strongly opposed the petition and sought for dismissal of the same.
4.However, it is seen from the records that the delay in representing the Appeal has already been condoned, as per the order dated 16.08.2017 by this Court. The petitioner now states that the delay occurred only due to the failure in contacting the counsel, after obtaining the copy of the judgment and decree. 6.Considering the reasons stated by the petitioner and the fact that the delay in representation has already been condoned, in the interest of justice, this Court is inclined to condone the delay, on payment of costs.
7. Accordingly, this petition is allowed on payment of cost of Rs.750/- (Rupees Seven Hundred and Fifty only) by the petitioner to the High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai on or before 31.10.2017, failing which, this petition will stand dismissed automatically, without further reference to this Court.
sd/- 20/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SUBORDINATE JUDGE, DEVAKOTTAI 2 THE DISTRICT JUDGE, SIVAGANGAI 3 THE AUTHORIZED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN CMP(MD) No.8045 of 2017 IN SA(MD) No.SR222 of 2010 Date :20/10/2017 SMA/CM-MSA/SAR-1/26.10.2017:3P/4c