Madras High CourtCMP(MD)/10982/2018ordered

Chinnasamy, v. J.Elangovan,

2019-06-27Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Seventh day of June Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.10982 of 2018 IN CRP(MD) No.SR43656 of 2018 CHINNASAMY ... PETITIONER/PETITIONER Vs 1 J.ELANGOVAN 2 KANNAMMAL MUTHAIYA (DIED) 3 PARAMASIVAM 4 MUNEESWARI 5 LAKSHMI 6 KANJAMMAL 7 INDHRA 8 GURUVAMMAL 9 MURUGAN 10 MINOR.NAGAJOTHI ... RESPONDENTS/RESPONDENTS 10th RESPONDENT REPRESENTED BY COURT APPOINTED GUARDIAN MRS.LOGA ARASI, ADVOCATE,VIRUDHUNAGAR.

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 121 days in filing the civil miscellaneous appeal and thus render justice.

PRAYER IN CRP(MD) No.SR43656 of 2018:

Pleased to set aside the Fair and decreetal order passed by the Honorable Sub Court, Virudhunagar in C.M.A.No.3 of 2016 dated 02.02.2018 by reversing the order passed in I.A.No.581 of 2011 in O.S.No.20/2009 dated 18.12.2009.

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.LAKSHMI GOPINATHAN, Advocate for M/S.POLAX LEGAL SOLUTIONS, Advocate for the petitioner, and of No Appearance https://hcservices.ecourts.gov.in/hcservices/

either in person or by an Advocate for R1, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 121 days in filing the above Civil Revision Petition.

2.Heard the learned counsel for the petitioner. 3.There is no representation on behalf of the respondents. 4.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 five hundred only) to the Legal Aid Services Committee, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order. 5.This petition is accordingly ordered.

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

sd/- 27/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE,VIRUDHUNAGAR.

COPY TO:

1.THE AUTHORITY OFFICER, 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.

+1. C.C. to M/S.POLAX LEGAL SOLUTIONS Advocate SR.No.10574 ORDER IN CMP(MD) No.10982 of 2018 IN CRP(MD) No.SR43656 of 2018 Date :27/06/2019 TK/JC/SAR.4/05.07.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/