Madras High CourtCMP(MD)/11086/2018ordered

K.Ganesan, v. Chinna Ganesan,

2019-02-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11086 of 2018 IN SA(MD) No.SR46809 of 2018 1.K.GANESAN, 2 PRABAKARAN, ... PETITIONERS/APPELLANTS Vs CHINNA GANESAN, ... RESPONDENT/RESPONDENT 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 353 days in filing the above second appeal and thus render justice.

PRAYER IN SA(MD) No.SR46809 of 2018:- To set aside the Judgment and Decree dated 07.02.2017 made in A.S.No.68 of 2014 on the file of the Sub Court, Sivagangai confirming the judgment and decree made in O.S.No.156 of 2011 on the file of the Additional District Munsif cum Judicial Magistrate, Manamadurai, dated 22.04.2014 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.MEENAKSHISUNDARAM, Advocate for the petitioner and of MR.S.RAJA, Advocate for the respondent, the court made the following order:- Heard.

2.This petition has been filed by the petitioner seeking to condone the delay of 353 days in filing the above Second Appeal. 3.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.1000/-.(Rupees one thousand only) to the Legal Services Committee, attached to this Bench, within a period of one https://hcservices.ecourts.gov.in/hcservices/

week from the date of receipt of copy of this order. 4.This petition is accordingly ordered.

sd/- 04/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUBORDINATE JUDGE, SIVAGANGAI 2.THE ADDITIONAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, MANAMADURAI.

COPY TO:

THE OFFICER INCHARGE, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.11086 of 2018 IN SA(MD) No.SR46809 of 2018 Date :04/02/2019 AE/PN/SAR3/06.02.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/