Madasamymudhaliar v. Arockiasamy (Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twentieth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.10793 of 2018 IN CRP(MD) No.SR43685 of 2015 MADASAMYMUDHALIAR ... PETITIONER/PETITIONER Vs AROCKIASAMY (DIED) 1 MARIYA NATCHATHRAM 2 AMULARAJ DIVYANATHAN (DIED) 3 IRUDHAYAMARY 4 SAGAYANADHAN 5 LORDHU 6 JEBAMALAI 7 SOOSAI 8 JERALD 9 JERALD RAJA 10 ALPONSE 11 JOSBIN 12 GOBI 13 ANTHONISAMY 14 YESUDHOSS 15 SANDHIYAGU SOOSAYAMMAL (DIED) 16 UKKIRAMARY ALIAS ROJALI 17 SAVARIRAJ 18 LOURDHUSAMY 19 SELVARAJ 20 VIOLET RANI 21 SEBASTIN 22 NIYOL 23 BERLAND 24 RAJU 25 AROCKIAMARY 26 SANDHIYAGU 27 ADAIKALAMARY W/O.SWAMINATHAN
28 SESHARAJ 29 SAGAYARAJ 30 PAULRAJ 31 MINOR.PACKIARAJ MINOR REP. BY HIS MOTHER AND NATURAL GUARDIAN IS 27th RESPONDENT HEREIN 32 ELISABETH RANI 33 MARDHAL 34 AMALORPAVAMARY 35 SEBASTIN 36 GUNASEELI 37 ADAIKALAMARY W/O.ARUMUGAM 38 ARUMUGAM ... RESPONDENTS/RESPONDENTS 39 JEYAM 40 SELVI ... RESPONDENTS 39 to 40 (Legal heirs of Deceased 18th respondent in I.A.No.143/2011)/Nil/Nil 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 148 days in representing the present civil revision petition and pass such further and other orders that this Honourable Court may deem fit and proper in the nature and circumstances of the case and thus render justice. PRAYER IN CRP(MD) No.SR43685 of 2015 To set aside the fair and decreetal order dated 04.04.
2013 made in I.A.No. 143 of 2011 in IA No. 229 of 2009 in AS.SR.No. 1442 of 2009 on the file of the Principal District Judge, Trichy. 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.MARIA ROSELINE, Advocate for the petitioner and of MR.ASOK ADHITHYAN, Advocate for R17 and MR.B.SARAVANAN, Advocate for R29, the court made the following order:- Heard.
This petition has been filed by the petitioner seeking to condone the delay of 148 days in representing the above Civil Revision Petition.
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 one thousand only) to the Legal Services Committee, 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 otherwise in order and list the same "for admission" forthwith.
sd/- 20/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE PRINCIPAL DISTRICT JUDGE, TRICHY COPY TO:-1 THE OFFICER IN-CHARGE, LEGAL 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.10793 of 2018 IN CRP(MD) No.SR43685 of 2015 Date :20/11/2018 MSI/PN/SAR 2/07.03.2019/3P-4C