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Madras High CourtCMP(MD)/3737/2020ordered

Maria Anthony v. Manimuthu

2020-12-01Honourable Mr Justice R. Mahadevan2 pages

CMP(MD) No.3737 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the First day of December Two Thousand and Twenty PRESENT The Hon'ble Mr.Justice R.MAHADEVAN CMP(MD) No.3737 of 2020 IN SA(MD)SR No.39373 of 2018 MARIA ANTHONY ... PETITIONER/APPELLANT Vs 1 MANIMUTHU 2 NEELVIN DENNISON 3 CHRISTIAN JUDSON 4 FREDRICK DAVIDSON ...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 547 DAYS in representing the second appeal in SA SR(MD) No.39373 of 2018 before this Hon'ble Court. Prayer in SA(MD)SR No.39373 of 2018:

To set aside the Judgment and Decree dated 06.02.2018 passed in A.S.No.20 of 2017 on the file of the I-Additional District Judge, Tirunelveli, modifying the Judgment and Decree dated 16.11.2015 passed in O.S.No.189 of 2012 on the file of the Subordinate Judge, Valliyoor, 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.D.NALATHAMBI, Advocate for the petitioner and of Mr.P.SANTHOSHKUMAR, Advocate on behalf of the Respondents, the Court made the following order:- This Miscellaneous Petition has been filed to condone the delay of 547 days in representing the Second Appeal.

2. Heard the learned Counsel appearing for the petitioner and the learned counsel appearing for the respondents.

3. Having been satisfied with the reasons assigned in the affidavit filed in support of this Civil Miscellaneous Petition, the delay of 547 days in representing the above appeal is condoned on condition that the petitioner, pays a sum of Rs.500/- (Rupees Five https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.3737 of 2020 Hundred only) as cost, to the credit of the High Court Legal Services Committee, Madurai, on or before 15.12.2020, failing which, this Civil Miscellaneous Petition shall stand dismissed automatically without further reference to this Court.

4. On such payment being made, Registry is directed to number and list the Second Appeal, if it is otherwise in order. sd/- 01/12/2020 / TRUE COPY / / /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

1. THE I ADDITIONAL DISTRICT JUDGE, TIRUNELVELI.

2. THE SUBORDINATE JUDGE, VALLIYOOR.

COPY TO:

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

ORDER

IN CMP(MD) No.3737 of 2020 IN SA(MD) SR No.39373 of 2018 Date :01/12/2020 PKN SRS/JC/SAR-III/04.12.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2