The Commandant 5th Battalion v. N.Balakrishnan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Sixth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11139 of 2018 IN CMA(MD) No.SR30002 of 2017 THE COMMANDANT 5TH BATTALION RPSF SOUTHERN RAILWAY, KAJAMALAI, TRICHIRAPALLI-620 020.

... PETITIONER/APPELLANT Vs 1 N.BALAKRISHNAN 2 M.GANESAN 3 BHARATHI @ PARTHASARATHY ... 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 315 days in representation of CMA(MD) SR.No.30002 of 2017 and thus render justice.

PRAYER IN CMA(MD) No.SR30002 of 2017 To set aside decree and Judgment dated 20.03.2017 passed in M.C.O.P.No. 2156/2009 by the 3rd Additional Sub Judge, Trichy 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.A.RAVI, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 315 days in re-presenting the above civil miscellaneous appeal in C.M.A.(MD) No.SR30002 of 2017.

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.1000/- (Rupees One Thousand only) to "Chief Justice Relief Fund", within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without any further reference to this Court.

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3. This petition is accordingly ordered.

sd/- 26/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO III ADDITIONAL SUBORDINATE JUDGE, TRICHY COPY TO:- THE SECTION OFFICER ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CMP(MD) No.11139 of 2018 IN CMA(MD) No.SR30002 of 2017 Date :26/11/2018 MSI/JC/SAR-II/04.12.2018-2P/3C https://hcservices.ecourts.gov.in/hcservices/