Madras High CourtCMP(MD)/3722/2020ordered

Sivagami v. Radhakrishnan

2020-08-14Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.3722 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fourteenth day of August Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.3722 of 2020 in AS(MD)No.SR2052 of 2019 1 SIVAGAMI 2 RATHI 3 GUNAVATHI 4 VENKATESAN ... PETITIONERS/APPELLANTS Vs RADHAKRISHNAN ... RESPONDENT/RESPONDENT 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 403 days in representing in A.S.(MD) SR No. 2052 of 2019 and thus render justice.

PRAYER IN AS(MD)No.SR2052 of 2019:

Pleased to set aside the Judgment and Decree dated 29.10.2018 made in O.S.No.40 of 2015 on the file of the Additional District Court(Fast Track Court), Kumbakonam.

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.R.VIJAYAKUMAR, Advocate for the petitioners, the court made the following order:- Heard.

This petition has been filed by the petitioners seeking to condone the delay of 403 days in representing the above appeal. 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.1,500/- (Rupees one thousand and five hundred only) to the Legal Services Committee, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

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CMP(MD) No.3722 of 2020 3.This petition is accordingly ordered.

4.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" forthwith.

sd/- 14/08/2020 / TRUE COPY / /08/2020 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 THE ADDITIONAL DISTRICT JUDGE, (FAST TRACK COURT), KUMBAKONAM.

COPY TO:

THE AUTHORISED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.3722 of 2020 in AS(MD)No.SR2052 of 2019 Date :14/08/2020 SMN TK/JC/SAR.2/20.08.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2