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Madras High CourtCMP(MD)/6704/2018ordered

Vanathi v. G.S.Veerappan,

2019-02-28Honourable Mrs Justice J. Nisha Banu2 pages

BBEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Eighth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.6704 of 2018 IN SA(MD) No.8 of 2017 1 VANATHI 2 MINOR.RAGAVI ... PETITIONERS/PETITIONERS Vs 1 G.S.VEERAPPAN 2 MUNIYANDI 3 KARUPAYEE ... 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 492 days in filing the restore petition in S.A.No.8 of 2017 and thus render justice.

PRAYER IN SA(MD) No.8 of 2017 To set aside the Judgment and decree dated 02.09.2016 in A.S.No. 34 of 2014 on the file of Principal District Court, Dindigul confirming the judgment and decree dated 03.06.2014 made in O.S.No. 11 of 2012 on the file of Sub Court, Vedasanthur 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.P.MUTHUVIJAYAPANDIAN, Advocate for the petitioner, the court made the following order:- Heard.

2. This petition has been filed by the petitioners seeking to condone the delay of 492 days in filing a petition for restoring the above appeal.

3. 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.2,000/-.(Rupees two thousand only) to the Legal Aid Services Committee, attached to this Bench, within a period of one https://hcservices.ecourts.gov.in/hcservices/

week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court. This petition is accordingly ordered.

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

sd/- 28/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT JUDGE DINDIGUL 2 THE SUBORDINATE JUDGE VEDASANDUR COPY TO:-1. THE OFFICER IN-CHARGE, LEGAL AID SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

ORDER

IN CMP(MD) No.6704 of 2018 IN SA(MD) No.8 of 2017 Date :28/02/2019 MSI-TK/JC/SAR 1/11.03.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/