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Madras High CourtCMP(MD)/795/2019ordered

Balasubramanian, v. Ramasamy,

2021-02-09Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of February Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.795 of 2019 IN CRP(MD) No.SR33463 of 2016 BALASUBRAMANIAN ... PETITIONER/PETITIONER Vs 1 RAMASAMY 2 SUBRAMANI ... 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 250 days in filing the above CRP(MD) SR.No.33463 of 2016 before this Honourable Court. Prayer in CRP(MD) No.SR33463 of 2016:

To set aside the Fair and Decretal order dated 18.04.2015 passed in C.M.A.No.3 of 2013 on the file of the II Additional Sub Court, Dindigul, confirming the Fair and Decretal order dated 05.07.2012 passed in E.A.No.14 of 2009 in E.A.No.9 of 2008 in E.P.No.267 of 2007 in O.S.No.563 of 2004 on the file of the Additioanl District Munsif Court, Dindigul, and allow the present 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 Mr.R.SUBRAMANIAN, Advocate for the petitioner and the Respondents are not appeared either in person or by an Advocate, the Court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 250 days in filing the above Civil Revision Petition.

2.Though notice has been served, none appeared on behalf of the respondents. 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 Aid Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, https://hcservices.ecourts.gov.in/hcservices/

failing which the petition shall stand dismissed automatically without any further reference to this Court.

3.This petition is accordingly ordered.

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

sd/- 09/02/2021 / 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 II ADDITIONAL SUBORDINATE JUDGE, DINDIGUL.

2. THE ADDITIONAL DISTRICT MUNSIF, DINDIGUL.

COPY TO:- THE AUTHORIZED OFFICER, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.795 of 2019 IN CRP(MD) No.SR33463 of 2016 Date :09/02/2021 MSA TE/JC/SAR-II : 12/02/2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/