Madras High CourtCMP(MD)/5549/2018ordered

V.Baburaj v. Mesiadhas

2018-07-02Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Second day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5549 of 2018 IN CMA(MD) No.SR7791 of 2018 V.BABURAJ ... PETITIONER/APPELLANT/PETITIONER Vs 1 MESIADHAS 2 GANESAN 3 S.PAULDHAS 4 JAYAKUMAR 5 BENNET ROBERT 6 GOWRI NAIR 7 GERALD 8 SUYAMBU 9 CHENTHIL MURUGAN 10 SHEEMA 11 KANNAN 12 SARATHY 13 TOY 14 SAKTHI 15 VIRAVAN 16 ROYAL 17 LOYALLA ... RESPONDENTS/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 105 days in paying deficit court fee of Rs.1500/- C.M.A.SR.(MD).No.7791 of 2018 and thus render justice. PRAYER IN CMA.SR.(MD).No.7791 of 2018:

To set aside the order in I.P.No.4 OF 2010 on the file of the District Court, Kanyakumari District dated 27.02.2017 and to set aside the same and thus render justice.

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.F.DEEPAK, Advocate for the petitioner, the court made the following order:- Heard.

https://hcservices.ecourts.gov.in/hcservices/ This petition has been filed by the petitioner seeking to

condone the delay of 109 days in paying the deficit Court fee of Rs.1,500/- in the above Civil Miscellaneous Appeal. 2.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.500/-(Rupees five hundred only) to the Legal Services Authority, attached to this Bench, within a period of one week from the date of receipt of copy of this order.

3.This petition is accordingly ordered.

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

sd/- 02/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT JUDGE, KANYAKUMARI DISTRICT COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO :

THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.5549 of 2018 IN CMA(MD) No.SR7791 of 2018 Date :02/07/2018 PK/RR/GSR/05.07.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/