V.Kala v. K.Balasubramani

CMP(MD) No.5053 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twentieth day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CMP(MD) No.5053 of 2020 and S.A(MD).SR.No.16916 of 2020 V.KALA ... PETITIONER/APPELLANT Vs K.BALASUBRAMANI ... RESPONDENT/RESPONDENT 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 47 days filing of second appeal against the judgment and decree dated 08-08-2019 in A.S.No.144 of 2017 on the file of the Fast Track, Mahila Court, Dindigul. PRAYER IN S.A(MD).SR.No.16916 of 2020:

To call for the records and set aside judgment and decree dated 08.08.2019 in A.S.No.144 of 2017 on the file of the Fast Track, Mahila Judge, Dindigul reversing the judgment and decree dated 19.10.2016 in O.S.No.572/2002 on the file of the Learned Additional Subordinate Judge, Dindigul by allowing this second appeal. 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.H.LAKSHMI SHANKAR, Advocate for the petitioner and of Not appeared for the Respondent either in person or through by an Advocate, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 47 days in filing the Second Appeal 2.There is no representation for the respondents 1 and 2. 3.

Considering the reasons stated in the affidavit filed in support of the petition, this Court is inclined to condone the delay subject to the payment of cost of Rs.500/- (Rupees five hundred only) to the Legal Aid Service Authority, attached to this Bench, on or before 28.04.2021, failing which, the petition shall stand dismissed automatically without any further reference to this Court. https://hcservices.ecourts.gov.

CMP(MD) No.5053 of 2020 4.This petition is accordingly ordered.

5. In the event of payment of cost, the Registry is directed to number the appeal, if it is otherwise in order and list the same "for admission".

sd/- 20/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

TO 1 THE FAST TRACK, MAHILA JUDGE, DINDIGUL 2 THE ADDITIONAL SUBORDINATE JUDGE, DINDIGUL.

COPY TO:

THE AUTHORISED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (Soft Copy)

ORDER

IN CMP(MD) No.5053 of 2020 and S.A(MD).SR.No.16916 of 2020 Date :20/04/2021 msa/cm JM/PN/SAR IV/24.04.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2