Madras High CourtCMP(MD)/6536/2018allowed

T. Sivakumar v. C. Somasundaram

2018-07-18Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eighteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN CMP(MD) No.6536 of 2018 IN CRP(MD) No.SR5922 of 2017 T. SIVAKUMAR ... PETITIONER/PETITIONER Vs 1 C. SOMASUNDARAM 2 S. PALANIVELU ... 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 472 days in representing the Civil Revision Petition in S.R.No.5922/2017 as against the order in E.P.No.102/2009 in O.S.No.153/2008 dated 29.08.2016 on the file learned Sub-Ordinate Judge, Pudukkottai.

PRAYER CRP(MD) No.SR5922 of 2017 :

To call for the records of the lower Court and set-aside the order and decreetal order dated 29.08.2016 passed in E.A.No.96 of 2010 in E.P.No.102 of 2009 in O.S.No.153 of 2008 by the Sub-Ordinate Judge, Pudukkottai, dismissing the Claim petition filed by the Petitioner herein under Order XXI, Rule 58(1) and 3(a)of the Civil procedure Code and allow Civil Revision Petition. 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.J.SELVARAJAN, Advocate for the petitioner the court made the following order:- This Miscellaneous Petition has been filed to condone the delay of 472 days in representing the Civil Revision Petition in S.R.No.5922 of 2017 as against the order in E.P.No.102 of 2009 in O.S.No.153 of 2008 dated 29.08.2016 on the file of the learned Subordinate Judge, Pudukkottai.

2. Being satisfied with the reasons assigned in the affidavit filed in support of this petition, the Miscellaneous Petition is ordered and the delay of 472 days in representing the Civil Revision Petition is condoned, subject to the condition that the petitioner shall pay a sum of Rs.5,000/- as costs to the Chief Justice Relief Fund.

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3. Upon production of receipt in proof of payment of the costs, Registry is directed to number the petition, if it is otherwise in order.

sd/- 18/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, PUDUKOTTAI.

COPY TO : 1 THE SECTION OFFICER, ACCOUNT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2. THE SUB ASSISTANT REGISTRAR, A.E. SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1cc to MR.J.SELVARAJ, Advocate in SR.No. 13386 GJM/RR/CSL/ASVM/18.7.18-2P-5C

ORDER

IN CMP(MD) No.6536 of 2018 IN CRP(MD) No.SR5922 of 2017 Date :18/07/2018 https://hcservices.ecourts.gov.in/hcservices/