Madras High CourtCMP(MD)/3762/2023allowed on condition

Malayammal, v. K. Mariaselvam

2023-03-31Honourable Mr Justice C. Saravanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirty First day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice C.SARAVANAN CMP(MD) No.3762 of 2023 in CRP(MD)SR.No.25256 of 2022 MALAYAMMAL ... PETITIONER/PETITIONER Vs 1 K.MARISELVAM 2 VINOBHA BAVE SARVODAYA SAMUKA SEVA SANGAM, REG NO.3/57, THROUGH ITS PRESIDENT THIRU.NAGARAJAN ... 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 255 days in representing the civil revision petition filed against the order passed in I.A.No. 1/2020 in O.S.No. 199 of 2019 on the file of the Learned III Additional District Judge, Tirunelveli dated 17-12-2021. PRAYER in CRP(MD)SR.No.25256 of 2022:

Pleased to set aside the fair and decreetal order passed in I.A.NO.1/2020 in O.S.NO.199 of 2019 on the file of the Learned III Additional District Judge, Tirunelveli, dated 17.12.2021 and allow the Civil Revision Petition.

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 T.A.EBENEZER, Advocate for the petitioner, the Court made the following order:- The above Civil Miscellaneous Petition has been filed to condone the delay of 255 days in representing the above Civil Revision Petition filed against the order passed in I.A.No.1 of 2020 in O.S.No.199 of 2019, dated 17.12.2021 on the file of the Learned III Additional District Judge, Tirunelveli.

2. Heard the learned counsel appearing for the petitioner. https://www.mhc.tn.gov.in/judis 3.I have gone through the affidavit filed in support of this petition and I am satisfied with the reasons stated therein.

Therefore, the petition is allowed on condition that the petitioner shall pay a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of Chief Justice Relief Fund, Madras High Court, Madras. A memo to that effect shall be filed.

4. On such filing of cost memo, Registry is directed to number the Civil Revision Petition and post the case for admission. sd/- 31/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE III ADDITIONAL DISTRICT JUDGE, TIRUNELVELI. COPY TO:

1 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

ORDER

IN CMP(MD) No.3762 of 2023 in CRP(MD)SR.No.25256 of 2022 Date :31/03/2023 SS/BUC/SAR IV/17/04/2023/2P/4C https://www.mhc.tn.gov.in/judis