Madras High CourtCMP(MD)/12398/2018ordered

Balasubramanian, v. Ramasamy,

2019-01-02Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Second day of January Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12398 of 2018 IN CRP(MD) No.SR33463 of 2016 BALASUBRAMANIAN ... PETITIONER/PETITIONER Vs 1 RAMASAMY 2 SUBRAMANI ... 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 826 days in re-presenting the above CRP(MD) SR.No.33463 of 2016 and thus render justice.

PRAYER IN CRP(MD) No.SR33463 of 2016 To set aside the Fair and Decretal Order dated 18.04.2015 passed in C.M.A.No. 3 of 2013 on the file of the II Additional Sub Court, Dindigul, confirming the Fair and Decretal order dated 05.07.2012 passed in E.A.No. 14 of 2009 in E.A.No. 9 of 2008 in E.P.No. 267 of 2007 in O.S.No. 563 of 2004 on the file of the Additional District Munsif Court, Dindigul and allow the present Civil Revision Petition 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.R.SUBRAMANIAN, Advocate for the petitioner, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 826 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.2,000/- (Rupees two 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 https://hcservices.ecourts.gov.in/hcservices/

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 Civil Revision Petition if it is otherwise in order and list the same "for admission" forthwith.

sd/- 02/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE II ADDITIONAL SUBORDINATE JUDGE, DINDIGUL.

2 THE ADDITIONAL DISTRICT MUNSIF, DINDIGUL COPY TO:- 1. THE SECTION OFFICER ACCOUNTS SECTION (THE CHIEF JUSTICE RELIEF FUND) 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 MR.R.SUBRAMANIAN Advocate SR.No.10

ORDER

IN CMP(MD) No.12398 of 2018 IN CRP(MD) No.SR33463 of 2016 Date :02/01/2019 MSI/PN/SAR-IV/07.01.2019-2P/6C https://hcservices.ecourts.gov.in/hcservices/