Madras High CourtCMP(MD)/1707/2022delay condoned

J. Kingston Samuel, v. R. Jacinth Christabel,

2023-09-15Honourable Dr Justice Anita Sumanth,Honourable Mr Justice R.Vijayakumar2 pages

CMP(MD). No.1707 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Fifteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Dr.Justice ANITA SUMANTH AND The Hon`ble Mr.Justice R.VIJAYAKUMAR CMP(MD). No.1707 of 2022 in CMA SR.No.7332 of 2022 J. Kingston Samuel ... Petitioner/Appellant Vs R. Jacinth Christabel ... Respondent/Respondent Prayer in CMP(MD). No.1707 of 2022 Civil Miscellaneous Petition filed under section 5 of Limitation Act, 1963 to pass an order to condone the delay of 2273 days in filing the Civil Miscellaneous Appeal against the judgment and decree made in IDOP. No. 12 of 2014 on the file of the Family Court, Tirunelveli on 20.08.2015 and pass such further order or orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

Prayer in CMA SR.No.7332 of 2022 Civil Miscellaneous Petition filed under section 19 of the Family Court Act, 1984 to set aside the order in I.D.O.P. No.12 of 2014 dated 20.08.2015 on the file of the Hon`ble Family Court, Tirunelveli.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.M.Baby Sudha, Advocate for the Petitioner and none having appeared for the Respondents either in person or by an Advocate for the Respondent, this Court made the following order:

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CMP(MD). No.1707 of 2022 This Civil Miscellaneous Petition cites medical reasons for the delay of 2273 days in filing of the Civil Miscellaneous Appeal, with which we are convinced. That apart, service is complete on the respondent and her name is also printed in the cause list. However, there is no appearance by or on her behalf. The delay is condoned and this petition is ordered.

2. Appeal be numbered and listed for hearing in due course, if otherwise in order.

Sd/- Assistant Registrar(CO) // True Copy // /06/2024 Sub Assistant Registrar (CS-I/II/III/IV) CMP(MD). No.1707 of 2022 in CMA(MD)SR.No.7332/2022 Giving direction and etc.

as stated within.

SL-(27.06.2024) 2P/ C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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