Madras High CourtCMP(MD)/3779/2021ordered

Soundarajapandian, (Died), v. Muthusamy,

2021-04-21Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty First day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CMP(MD) No.3779 of 2021 AND SA(MD)NO.SR50211 OF 2017 1 SOUNDARAJAPANDIAN(DIED) 2 ESWARI 3 PREMKUMAR 4 PANDIYARAJAN ...PETITIONERS/APPELLANTS Vs 1 MUTHUSAMY 2 KANIAMMAL 3 IRULAANDI 4 ANNADURAI 5 SENTHOORAN 6 SHANMUGAM 7 RAJAPANDIAN ... RESPONDENTS/RESPONDENTS 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 838 days due to oversight in paying deficit court fee Rs.64/- in SA.SR.No.50211 of 2017 on the file of this Honourable High Court.

Prayer in SA(MD)NO.SR50211 OF 2017:

To Prefer this Memorandum of grounds of Second Appeal against the Judgment and Decree dated 19.01.2017 in A.S.No.17 of 2013 on the file of the Sub Court, Theni in confirming the Judgment and Decree dated 31.01.2013 in O.S.No. 146 of 2009 on the file of District Munsif Cum Judicial Magistrate, Andipatti.

ORDER : This 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 M/S.K.GOVINDARAJAN, Advocate for the petitioner, the court made the following order:- This petition has been filed by the petitioners seeking to condone the delay of 838 days in paying the deficit Court fee. https://hcservices.ecourts.gov.in/hcservices/

2.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.850/- (Rupees eight hundred and fifty only) to the Legal Services Authority, attached to this Bench, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

sd/- 21/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, THENI.

2 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ANDIPATTI.

COPY TO:

THE OFFICER IN-CHARGE, LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.3779 of 2021 AND SA(MD)NO.SR50211 OF 2017 Date :21/04/2021 AM/24.04.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/