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Madras High CourtCMP(MD)/5327/2018allowed

L.Florance Alias Soma Devotta v. A.Xavier Ammal

2018-06-27Honourable Mr Justice K. Ravichandrabaabu,Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Seventh day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice K.RAVICHANDRABAABU and The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.5327 of 2018 IN AS(MD) No.SR13198 of 2009 L.FLORANCE ALIAS SOMA DEVOTTA ... PETITIONER / APPELLANT Vs 1 A.XAVIER AMMAL 2 C.EMERENCIA 3 P.PHILO SORIS 4 A.JODO RODRIGO 5 N.ANTON RAVEL 6 N.JENO RAVEL 7 R.FATHIMA ROOBAN 8 J.NALLAMMAL RAVEL 9 J.SUJITH RAVEL 10 A. REKA 11 MINOR J.SRUTHIKA D/O, LATE JUDY ALIAS ALLOY RAVEL (THE 11TH REPONDENT REPRESENTED BY HER NATURAL GUARDIAN/MOTHER MRS.A.REKA, 10TH RESPONDENT) ... RESPONDENTS / RESPONDENTS 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 753 days in filing the above First Appeal in S.R.No.13198 of 2009 and pass such further or other orders as this Honble Court may deem fit and proper in the above circumstances and thus render justice.

PRAYER IN AS(MD) No.SR13198 of 2009:- to call for the records from the court below and set aside the Decree and Judgment of the learned Additional District Judge, Fast Track Court No.2, Tuticorin dated 01.08.2008 in O.S.No.42 of 2006 so far as the Appellant is concerned by allowing this appeal and Decreed the above suit so far as the Appellant is concerned and pass such further or other orders as this Hon'ble Court. https://hcservices.ecourts.gov.in/hcservices/ ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing

the arguments of Mr.ANANTH C.RAJESH, Advocate for the petitioner and of Mr.P.S.SUNDARAM, Advocate for Mr.C.ANBU SARAVANAN, Advocate on behalf of the Respondents, the court made the following order:- (Order of the Court was made by K.RAVICHANDRABAABU,J) This application is filed to condone the delay of 753 days in filing the above Appeal Suit.

2.The learned counsel for the respondents submitted that the delay may be condoned on certain terms.

3.Considering the reasons stated in the accompanying affidavit and on being satisfied with the same, We are of the view that the delay is condoned, however, subject to the condition that the Petitioner/appellant pay a sum of Rs.1,000/-(Rupees one thousand only) towards cost to the credit of Mediation and Conciliation Centre attached to this Bench within a period of seven days from today, failing which, this Petition shall stand automatically dismissed without further reference to this Court. sd/- 27/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE ADDITIONAL DISTRICT JUDGE, FAST TRACK COURT NO.2, TUTICORIN COPY TO:- THE CO-ORDINATOR, MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI VSN JAM/02/07/2018/ PMI/ASVM/2P-3C

ORDER

IN CMP(MD) No.5327 of 2018 IN AS(MD) No.SR13198 of 2009 Date :27/06/2018 https://hcservices.ecourts.gov.in/hcservices/