Sornarani v. Venkatraman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.10805 of 2018 IN SA(MD) No.SR1966 of 2015 SORNARANI ... PETITIONER/APPELLANTS Vs 1.VENKATRAMAN 2 SUBBAMMAL 3 MARIAMMAL 4 P.RAJU 5 N.SUBBAN 6 N.PALANICHAMY 7 N.PERUMAL 8 NACHIAMMAL 9 R.PRIYA, 10 MINOR R.SARANYA D/O.LATE V.RAJAMANI, (REP BY HER NEXT FRIEND AND MOTHER 8TH RESPONDENT HEREIN NARASINGA PERUMAL KOIL COLONY, REDDIARCHATHIRAM POST, DINDIGUL TALUK) 11 SAROJA 12 SANTHALAKSHMI 13 VARADHARAJAN ... 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 360 days in representing the present Second appeal in SA.SR No.1966 of 2015 and pass suitable orders and thereby render justice.
PRAYER IN SA(MD) No.SR1966 of 2015:- To call for the records and set aside the Judgment and Decree 08.09.2014 in A.S.No.21 of 2012 on the file of Principal Sub Court, Dindigul confirming the Judgment and Decree dated 12.10.2011 in O.S.No.165 of 2005 on the file of District Munsif Court, Dindigul and allow the 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 M/S. H.LAKSHMI SHANKAR, Advocate for the petitioner and of MR.A.JAYARAMACHANDRAN, Advocate for R1 and of Respondents 2 and 3 not appeared either in person or by an advocate, the court made the following order:- Heard.
This petition has been filed by the petitioner seeking to condone the delay of 360 days in representing the above Second Appeal.
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 and five hundred 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, failing which this petition shall stand dismissed automatically without any further reference to this Court.
3.This petition is accordingly ordered.
4. In the event of payment of cost, the Registry is directed to number the second appeal, if it is otherwise in order and list the same "for admission" forthwith.
sd/- 13/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE PRINCIPAL SUBORDINATE JUDGE, DINDIGUL 2.THE DISTRICT MUNSIF, DINDIGUL COPY TO:
1. THE OFFICER INCHARGE 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.10805 of 2018 IN SA(MD) No.SR1966 of 2015 Date :13/02/2019 AE/VR/SAR-II/21.02.2019/3P/5C