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Madras High CourtCMP(MD)/4253/2018allowed

Manorathi v. George

2019-06-12Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twelfth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.4253 of 2018 IN SA(MD) No.SR65844 of 2011 1 MANORATHI 2 RANI 3 REVATHY ... PETITIONERS/ APPELLANTS Vs GEORGE ... RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Condone the delay of 2288 days in re-presenting the Second Appeal in S.A.(MD).SR.No.65844 of 2011 on the file of this Hon'ble Court and thus render justice.

PRAYER IN SA(MD) No.SR65844 of 2011:

To set aside the judgment and decree dated 10.01.2009 made in A.S.No.12 of 2008 on the file of Principal Sub-Court, Nagercoil, reversing the judgment and decree dated 10.09.2007 made in O.S.No.785 of 2004 on the file of Principal District Munsif Court, Nagercoil.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.MURUGAN, Advocate for the petitioners and of M/S.K.P.NARAYANA KUMAR, Advocate on behalf of the Respondent, the court made the following order:- This petition is filed to condone the delay of 2288 days in representing the above appeal papers. 2.Though the petitioners have stated some reasons to condone the delay, this Court is able to see that the delay is inordinate. Having regard to the inordinate delay in re-presenting the appeal papers, this Court is inclined to allow this petition on terms. 3.As a result, the delay is condoned and this petition is allowed on condition that the petitioners pay a sum of Rs.2,000/- to the respondent within a period of two weeks from the https://hcservices.ecourts.gov.in/hcservices/

date of receipt of a copy of this order, failing which, this petition shall automatically be dismissed without further reference to Court.

4.Registry is directed to number the appeal, if the papers are otherwise in order, after showing proof for payment. sd/- 12/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SUBORINDATE JUDGE, NAGERCOIL, 2 THE PRINCIPAL DISTRICT MUNSIF, NAGERCOIL.

COPY TO:

THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.R.MURUGAN Advocate SR.No.9452

ORDER

IN CMP(MD) No.4253 of 2018 IN SA(MD) No.SR65844 of 2011 Date :12/06/2019 MS/VR/SAR-1/20.06.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/