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Madras High CourtCMP(MD)/5625/2021allowed

M.Jeyalalitha(Died) R.Dinakaran, v. R.Dhanalakshmi Ammal

2021-07-20Honourable Mr Justice A.A.Nakkiran2 pages

CMP(MD) No.5625 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twentieth day of July Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CMP(MD) No.5625 of 2021 in S.A.(MD)No.SR84219 of 2019 M.JEYALALITHA(DIED) 1 R.DINAKARAN 2 R.KANNAN 3 J.MURUGAN 4 M.AZHAGUMEENAKSHI 5 M.SRI HARANI ... PETITIONERS/ APPELLANTS Vs 1 R.DHANALAKSHMI AMMAL 2 R.RAJAN 3 R.BASKAR 4 S.SULOCHANA 5 THE BRANCH MANAGER, CANARA BANK, NATHAM, DINDIGUL DISTRICT.

... RESPONDENTS/ RESPONDENTS (R1,2,3 and 5th Respondents Set Exparte in the lower Court. Hence notice not necessary may be dispense with) 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 408 days in making deficit court fee of Rs.3534/- in the above second appeal in S.R.No.84219 of 2019. PRAYER IN S.A.(MD)No.SR84219 of 2019:

To set aside the judgment and decree passed in A.S.No.65 of 2016 dated 31.07.2019 on the file of the Fast Track Court(Mahila), Dindigul confirming the judgment and decree passed in O.S.No.253 of 2009 dated 05.07.2016 on the file of the Principal Sub Court, Dindigul and allow the above 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 Mr.V.P.RAJAN, Advocate for the petitioners, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.5625 of 2021 This petition has been filed by the petitioners seeking to condone the delay of 408 days in making deficit Court fee of Rs.3534/- in the above second appeal.

2. Heard the learned counsel for the petitioners. 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 payment of cost of Rs.500/- (Rupees five hundred only) to the Legal Services Authority, attached to this Bench, within a period one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

sd/- 20/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, FAST TRACK COURT(MAHILA), DINDIGUL.

2 THE PRINCIPAL SUBORDINATE JUDGE, DINDIGUL.

COPY TO:

THE OFFICER INCHARGE, LEGAL SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (SOFT COPY)

ORDER

IN CMP(MD) No.5625 of 2021 IN S.A.(MD)No.SR84219 of 2019 Date :20/07/2021 MSA/CP MS/JC/SAR-1/23.07.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2