Madras High CourtCMP(MD)/12454/2018ordered

Meenakshisundaram, v. Kamaraj @ Pandian,

2019-02-05Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.12454 of 2018 IN SA(MD) No.SR28147 of 2017 MEENAKSHISUNDARAM, ... PETITIONER/APPELLANT Vs KAMARAJ @ PANDIAN, ... 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 502 days in representing S.A(MD) SR.No.28147 of 2017 and thus render justice.

PRAYER IN SA(MD) No.SR28147 of 2017:- To set aside the Judgment and decree, dated 10.04.2017, made in A.S.No.37 of 2014, on the file of the Learned Subordinate Judge, Sivagangai confirming the judgment and decree dated 12.10.2012, made in O.S.No.138 of 2008, on the file of the learned District Munsif Court, Sivagangai and allow the Second Appeal. 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.V.SANTHAKUMARESAN, Advocate for the petitioner and of MR.ROBER CHANDRAKUMAR for MR.G.PRABHU RAJADURAI, Advocate for the respondent, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 502 days in representing the above Second Appeal.

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 Babbles Day Care run by Women Lawyers Association, Madurai Bench of Madras High Court, Madurai within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand https://hcservices.ecourts.gov.in/hcservices/

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/- 05/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SUBORDINATE JUDGE, SIVAGANGAI.

2.THE DISTRICT MUNSIF, SIVAGANGAI.

COPY TO:-

1. THE OFFICER INCHARGE BUBBLES DAY CARE RUN BY WOMEN LAWYERS ASSOCIATION, 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.V.SANTHAKUMARESAN Advocate SR.No.2360

ORDER

IN CMP(MD) No.12454 of 2018 IN SA(MD) No.SR28147 of 2017 Date :05/02/2019 PK/VR/SAR-IV/13.02.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/