A.Pathar Shah, v. M.Kulsam Beevi,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Sixth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice S.BASKARAN CMP(MD) No.9095 of 2017 IN SA(MD) No.SR36909 of 2013 1 A.PATHAR SHAH 2 A.BAHARDEEN 3 S.SHAHUL HAMEED 4 MYDEEN ... PETITIONERS/APPELLANTS Vs 1 M.KULSAM BEEVI 2 M.FAROOK 3 M.SHAJAHAN 4 M.SALIM 5 M.NAZAR 6 AHAMED BEEVI 7 KATHIJA BEEVI 8 A.NOORJAHAN 9 A.MOHAMOOTHA BEEVI 10 A.ZEENATH BEEVI 11 ROHIYA BEEVI 12 MOHAMED IQBAL 13 S.M.BAHARDEEN 14 S.M.HANEEFA 15 NOWSATH 16 S.M.NAZEER 17 S.NOORJAHAN 18 S.SAINABA 19 MUSTHAFFA 20 PEERMOHAMED 21 KAMAL 22 SAHARAMA 23 BALKEES 24 KULSAM 25 JENOBA 26 ASISHAKANNU 27 SHAHUL HAMEED 28 HAJA 29 SALEEM 30 MOHAMED NOOHU 31 MYDEEN 32 SADIQUE
33 VASEELA BEGAM 34 SABIYA 35 KATHERUMMA 36 BEEMA 37 A.MAHAMOOTHA 38 S.SARABU 39 S.SATHIQ 40 S.ANAS 41 S.RAZIK 42 S.JESIMA 43 S.ANWAR 44 S.MOHAMMED JAWAHAR 45 M.FATHIMA SAHIB BANU 46 S.SHAFEEK ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone delay of 1381 days for representing the above second appeal in S.A.SR.No.36909 of 2013 and thus render justice. Prayer in SA(MD) No.SR36909 of 2013:
To call for the records relating to the judgment and decree dated 02.01.2013 made in A.S.No.42 of 2007 on the file of the District Judge, Kanyakumari at Nagercoil reversing the Judgment and Decree dated 17.03.2003 made in O.S.No.103 of 1993 on the file of the I Addiktional District Sub Court, Nagercoil and set aside the same and allow this Second Appeal.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.I.VELPRADEEP, Advocate for the petitioners and the court made the following order:- The learned counsel for the petitioners is present. The petitioners have come forward with this petition seeking to condone delay of 1381 days in representing the S.A.(MD)SR.No.36909 of 2013. 2.The 1st petitioner states that he has filed the second appeal in time against the judgment and decree passed in A.S.No.42 of 2007, on the file of the District Judge, Kanyakumari at Nagercoil and the same was returned to rectify the errors on 26.08.2013. As there was few errors in the cause title, the petitioners filed I.A.No.118 of 2007 in A.S.No.
42 of 2017 before the First Appellate Court seeking corrections and the same was ordered on 16.06.2017. Thus, the delay has occurred in representing the S.A.(MD)SR.No.36909 of 2013. The delay is neither willful nor wanton. 3.Considering the reasons stated by the petitioners and delay occurred in the circumstances stated above, this Court is inclined to entertain the petition, on conditions.
4.Accordingly, this petition is allowed on condition that the petitioners pay a sum of Rs.1000/- (One Thousand Only) to the High Court Legal Services Authority Committee on or before 20.10.2017, failing which, this petition for condoning the delay shall stand automatically dismissed.
5.The Registry is directed to number the appeal, if the papers are otherwise in order and the post the same in usual course. sd/- 06/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE DISTRICT JUDGE KANYAKUMARI AT NAGERCOIL THE I ADDITIONAL DISTRICT SUBORDINATE JUDGE NAGERCOIL Copy to:
1.
THE AUTHORISED OFFICER, THE LEGAL SERVICES AUTHORITY COMMITTEE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 2.
THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN CMP(MD) No.9095 of 2017 IN SA(MD) No.SR36909 of 2013 Date :06/10/2017 psd/vs SH/PM-PN/SAR-1:23.10.2017: 3p/5C