N.V.Sasikumar v. S.Sakthivel
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.10965 of 2018 IN SA(MD) No.SR10492 of 2018 1 N.V.SASIKUMAR 2 P.VIJAYAKUMAR 3 MAHESWARI 4 AZHAGU PILLAI ... PETITIONERS/APPELLANTS Vs 1 S.SAKTHIVEL 2 OYYAN 3 POOSAM 4 P.RAMKUMAR ... RESPONDENT/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condoned delay of 207 days the representing the papers in SA(MD) No.10492 of 2018 and pass such other suitable orders and thereby render justice.
PRAYER IN SA(MD) No.SR10492 of 2018 To call for the records and set aside the judgment and decree dated 06.11.2017 in A.S.No. 40 of 2016 on the file of the Fast Track, Mahila Court, Dindigul, reversing the judgment decree dated 01.02.2016 in O.S.No. 431/2011, on the file of Principal Sub Judge, Dindigul, and all this second appeal with costs throught. 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.H.LAKSHMI SHANKAR, Advocate for the petitioner and of MR.B.JAMEEL ARASU, Advocate for R1 and MR.S.VINAYAK, Advocate for R2 & R3,the court made the following order:- Heard.
This petition has been filed by the petitioners seeking to condone the delay of 207 days in representing the above Second Appeal.
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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.1,000/- (Rupees one thousand only) to the Chief Justice Relief Fund, 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/- 09/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE FAST TRACK MAHILA COURT DINDIGUL 2 THE PRINCIPAL SUB JUDGE DINDIGUL COPY TO:- 1. THE SECTION OFFICER,(THE CHIEF JUSTICE RELIEF FUND) ACCOUNTS SECTION, 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.10965 of 2018 IN SA(MD) No.SR10492 of 2018 Date :09/04/2019 https://hcservices.ecourts.gov.in/hcservices/ MSI/JC/SAR 2/11.04.2019/2P-5C