Madras High CourtCMP(MD)/8979/2016allowed

Valarmathi, v. Natarajan,

2016-10-25Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Fifth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMP(MD) No.8979 of 2016 IN CMA(MD) No.SR36354 of 2016 VALARMATHI ... PETITIONER/APPELLANT Vs 1 NATARAJAN, 2 P.RADHA 3 PONNAPPAN (THE NOTICE TO THE RESPONDENTS 2 & 3 MAY BE DISPENSED WITH) ... RESPONDENT/RESPONDENT 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 1295 days in filing the above CMA(MD) SR.No.36354 of 2016 and thus render justice.

Prayer in CMA(MD) No.SR36354 of 2016:- Memorandum of Civil Miscellaneous Appeal before this Honourable Court against the order dated 30.11.2012 passed in GWOP.No.74 of 2011 on the file of the Honourable Principal District Judge, Thoothukudi.

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. G.PRABHU RAJADURAI, Advocate for the petitioner and of M/S.M.P.SENTHIL, Advocate on behalf of the first Respondent the court made the following order:- This petition has been filed to condone the delay of 1295 days in filing the above appeal.

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2. Considering the reasons stated in the affidavit filed in

support of this petition, this petition is allowed and the delay is condoned on payment of cost of Rs.1,000/- (Rupees One Thousand only) to the Legal Services Authority attached to this Bench, on or before 24.10.2016, failing which this petition shall stand dismissed automatically without any further reference to this Court.

3. At the time of final hearing the interest for the delay period should not be taken into account.

4. If the aforesaid condition is complied with within the time stipulated, and if the papers are in order, Registry is directed to number the appeal and post the same for admission. sd/- 25/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT JUDGE, THOOTHUKUDI.

COPY TO: THE OFFICER IN CHARGE, LEGAL SERVICES AUTHORITY , MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Sj SMA/GSV-PM/SAR-III/02.11.2016 :2P/3C

ORDER

IN CMP(MD) No.8979 of 2016 IN CMA(MD) No.SR36354 of 2016 Date :25/10/2016 https://hcservices.ecourts.gov.in/hcservices/