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Madras High CourtCMP(MD)/3469/2018ordered

Arul Irudhayaraj, v. Amirtha Jeba Shobana,

2018-08-14Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fourteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) No.3469 of 2018 IN CMA(MD) No.SR9004 of 2018 1 ARUL IRUDHAYARAJ 2 A.VICTORIA ... PETITIONERS/ APPELLANTS Vs 1 AMIRTHA JEBA SHOBANA 2 RUBAN LAZARUS ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 375 days in filing the present Civil Miscellaneous Appeal against the fair and decreetal order dated 08.11.2016 passed b y the III Additional District Judge, Trichy in GWOP.No.34 of 2014 and thus render justice.

PRAYER IN CMA(MD) No.SR9004 of 2018:

To set aside against the fair and decreetal order passed by the learned III Additional District Judge, Trichy in G.W.O.P.No.34 of 2014 dated 08.11.2016 refusing guardinaship of their grand daughter Minor. Dalisha and to allow this 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.K.R.SELVAKUMAR, Advocate for the petitioners and Respondents not appeared either in person or by an advocate, the court made the following order:- This petition is filed to condone the delay of 375 days in filing the above Civil Miscellaneous Appeal.

2.Heard the learned counsel appearing for the petitioner.

3. Though notice was served on the respondents 1 & 2 and their names are also printed in the cause list, they have not chosen to appear either in person or through counsel.

4.Considering the contention of the learned counsel for the petitioner, the delay of 375 days is condoned on payment of cost of Rs.500/- (Rupees Five hundred only) to the Rojavanam, Homeless & Aged Care Centre, Melur Road, Uthangudi, Madurai, within a period of one week from the date of receipt of a copy of this order, https://hcservices.ecourts.gov.in/hcservices/

failing which, this petition shall stand dismissed automatically, without further reference to this Court.

sd/- 14/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE III ADDITIONAL DISTRICT JUDGE, TRICHY.

COPY TO:

THE OFFICER INCHARGE, ROJAVANAM, HOMELESS & AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI.

ORDER

IN CMP(MD) No.3469 of 2018 IN CMA(MD) No.SR9004 of 2018 Date :14/08/2018 MS/VR/SAR-2/29.08.2018/2P.3C https://hcservices.ecourts.gov.in/hcservices/