Madras High CourtCMP(MD)/6103/2021allowed

S.Roselinmary v. S.Alexander (Died) 2. S. Sebasteen Jegan,

2021-07-29Honourable Mr Justice A.A.Nakkiran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Ninth day of July Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice A.A.NAKKIRAN CMP(MD) No.6103 of 2021 in SA(MD) No. SR20423 of 2016 S.ROSELINMARY ... PETITIONER/APPELLANT Vs

1. S.ALEXANDER (DIED)

2. A.SEBASTEEN JEGAN

3. JULI

4. LALLA

5. SAHAYARAJ

6. ANITHA ... RESPONDENTS/RESPONDENTS DEFENDANT 2 to 7

7. EMALDAMARY

8. ANITHA ELIZABETH

9. ROBERT KENNADY 10.TINA KULANDAI THERAS 11.JOHN BRIGHT SING 12.BOBIN SOLAMEN ... RESPONDENTS 7 to 12/3rd PARTIES/ LEGAL HEIRS OF 1st RESPONDENT / 2ND DEFENDANT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the representation delay of 1410 days in S.A.(MD) SR.No.20423/2016 on the file of this Hon'ble Court. PRAYER IN S.A.(MD) SR.No.20423/2016 :

Pleased to call for the records of the Judgment and Decree passed in A.S.No.23/2013, dated 12.01.2016 on the file of the Learned Additional District Judge, Dindigul confirming the Judgment and Decree passed in O.S.No.89/2005, dated 11.02.2013 on the file of the Principal Subordinate Court, Dindigul and set aside the same. 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.K.VAMANAN, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

This petition has been filed by the petitioner seeking to condone the delay of 1410 days in representing the second appeal. 2.Heard the learned counsel for the petitioner. 3.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 Five Hundred only) to the credit of Rojavanam, Home for aged and poor, Melur Road, Uthangudi, Madurai, Account No..6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai, within a period of one week from the date of receipt of a copy of this order, failing which, the petition shall stand dismissed automatically without any further reference to this Court.

sd/- 29/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE ADDITIONAL DISTRICT JUDGE, DINDIGUL.

2. THE PRINCIPAL SUBORDINATE JUDGE, DINDIGUL.

COPY TO :

THE OFFICER-INCHARGE, ROJAVANAM, HOME FOR AGED AND POOR, MELUR ROAD, UTHANGUDI, MADURAI.

ORDER IN CMP(MD) No.6103 of 2021 in SA(MD) No. SR20423 of 2016 Date :29/07/2021 https://hcservices.ecourts.gov.in/hcservices/ msa/cp USK/VR/SAR-I : 03/08/2021 : 2P/4C