Rajalingam @ Tharmalingam v. Mageshwari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fifth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CMA(MD) SR.No.9618 of 2024 RAJALINGAM @ THARMALINGAM ... APPELLANT/PETITIONER Vs 1 MAGESHWARI 2 SUNDARALINGAM ... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 57 days in filing this CMA(MD) SR.No. 9618 of 2024. Prayer in CMA(MD) SR.No.9618 of 2024 :

To set-aside Judgment and decree dated 08.08.2023 passed in H.M.O.P.No.298 of 2021 on the file of the Family Court, Sivagangai. ORDER : This Civil Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.RAJASEKAR, Advocate for the petitioner and of M/S.J.BALAMEENAKSHI, Advocate on behalf of the Respondent Nos.1 & 2, the court made the following order:- (Order of the Court was made by V.BHAVANI SUBBAROYAN,J) This Petition is filed to condone the delay of 57 days in filing the Civil Miscellaneous Appeal.

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2.Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the respondent. The learned counsel for the respondent has no objection in allowing this application.

3.For the reasons stated in the accompanying affidavit filed in support of this Petition and on being satisfied with the same, the delay of 57 days in filing the appeal is condoned and this petition is allowed on condition that the petitioner shall pay a sum of Rs.1000/- (Rupees Thousand only) to the respondent/wife within a period of two weeks from the date of receipt of a copy of this order and on deposit of the same, the petition shall stand allowed, failing which, the Petition shall stand automatically dismissed without further reference to this Court. 4.Registry is directed to number the appeal, if it is otherwise in order. sd/- 25/03/2024 /TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

am TO THE JUDGE, FAMILY COURT, SIVAGANGAI.

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COPY TO 1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in CMA(MD) SR.No.9618 of 2024 Date :25/03/2024 RS/JGB/SAR-(01.04.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3