Parvathi v. Vasanthakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Nineteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.6240 of 2018 IN SA(MD) No.SR19496 of 2017 PARVATHI ... PETITIONER / APPELLANT Vs 1 VASANTHAKUMAR 2 TAMILARASI 3 RAJAN 4 RAJARATHINAM ... 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 384 days in representing the above Second Appeal and thus render justice.

PRAYER IN SA(MD) No.SR19496 of 2017:- to call for the records relating to the judgment and Decree passed in A.S.No.23 of 2011 on the file of Learned Sub Judge, Kovilpatti dated 18.06.2015, confirming the Judgment and Decree passed in O.S.No.251 of 2009 on the file of the learned District Munsif Court, Kovilpatti dated 29.09.2010 and set aside the same by allowing this Second Appeal.

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.D.SRINIVASA RAGAVAN, Advocate for the petitioner and the court made the following order:- This petition is filed to condone the delay of 384 days in representing the above appeal papers. 2.Though the petitioner has stated some reasons in the affidavit filed in support of this petition, this Court find that the delay could have been avoided, if due diligence is shown. Having regard to the facts and circumstances of this case, this petition is allowed on condition that the petitioner shall pay a sum of Rs.2,500/- (Rupees Two Thousand Five Hundred only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall automatically be dismissed without further reference to Court.

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3.The Registry is directed to number the appeal, if the papers are otherwise in order, after showing proof for payment. sd/- 19/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, KOVILPATTI, THOOTHUKUDI DISTRICT 2 THE DISTRICT MUNSIF, KOVILPATTI, THOOTHUKUDI DISTRICT COPY TO:- THE AUTHORIZED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI THE SUB-ASSISTANT REGISTRAR, A.E. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.D.SRINIVASA RAGAVAN Advocate SR.No.13509 MM JAM/25/07/2018/JC /SAR 4/ 2P-6C

ORDER

IN CMP(MD) No.6240 of 2018 IN SA(MD) No.SR19496 of 2017 Date :19/07/2018 https://hcservices.ecourts.gov.in/hcservices/