Madras High CourtCMP(MD)/6352/2018ordered

Poomathi v. Mangudi (Died)

2018-07-20Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of July Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6352 of 2018 IN CMA(MD) No.SR23798 of 2017 1 POOMATHI 2 MANGUDI ... PETITIONERS / APPELLANTS Vs MANGUDI (DIED) 1 SIGAPPI 2 RAMESH 3 SATHYAMOORTHY 4 KALYANI ... 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 355 days in representing the Civil Miscellaneous Petition in CMA SR No.23798 of 2017 and thus render justice.

PRAYER IN CMA(MD) No.SR23798 of 2017:- to set aside the judgment and decree in A.S.No.93 of 2010 on the file of the Sub-Court, Pudukkottai dated 07.03.2017 reversing remanding back to the trial court the judgment and decree in O.S.No.264 of 2005 dated 12.02.2010 on the file of the District Munsif Court, Aranthangi.

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.K.BALASUNDARAM, Advocate for the petitioner and the court made the following order:- This petition has been filed to condone the delay of 355 days in re-presenting the above civil miscellaneous appeal in C.M.A.(MD) No.SR23798 of 2017.

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.1,500/- (Rupees One Thousand Five Hundred only) to the Chief Justice Relief Fund, within a period of one week from the date of receipt of a copy of this order, failing which, this petition https://hcservices.ecourts.gov.in/hcservices/

shall stand dismissed automatically, without any further reference to this Court.

3. This petition is accordingly ordered.

sd/- 20/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT MUNSIF, ARANTHANGI COPY TO:

THE SECTION OFFICER, ACCOUNTS SECTION, CHIEF JUDICIAL RELIEF FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI PJL JAM/26/07/2018/VR /SAR 3/ 2P-3C

ORDER

IN CMP(MD) No.6352 of 2018 IN CMA(MD) No.SR23798 of 2017 Date :20/07/2018 https://hcservices.ecourts.gov.in/hcservices/