S. Hemachandran v. Jeyapriya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Seventh day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN and The Hon`ble Mr.Justice P.B. BALAJI in CMA(MD) SR.No.39430 of 2023 S.HEMACHANDRAN ... PETITIONER/PETITIONER Vs JEYAPRIYA ... RESPONDENT/RESPONDENT Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 125 days in filing the Civil Miscellaneous Appeal as against the judgment and decree dated 19.10.2022 made in H.M.O.P. No. 2 of 2022 on the file of the learned Family Court, Srivilliputhur.

PRAYER IN CMA(MD) SR.No.39430 of 2023 :

To set-aside the judgment and decree dated 19.10.2022 made in H.M.O.P.No.2 of 2022 passed by the Family Court, Srivilliputhur, and allow this Civil Miscellaneous Appeal.

ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.J.B.SOLOMON PETER KAMAL DOSS, Advocate for the petitioner and of MR.M.PRABHU, Advocate on behalf of the Respondent, the court made the following order:- 1/3

(Order of the Court was made by RMT.TEEKAA RAMAN,J) This Petition is filed seeking to condone the delay of 125 days in filing the Civil Miscellaneous Appeal.

2.Heard the learned counsel appearing for the Petitioner as well as the respondent and perused the materials placed before this Court. 3.The learned counsel appearing for the respondent has no objection in allowing the petition.

4. For the reasons stated in the accompanying affidavit filed in support of this Petition and on being satisfied with the same, this Petition is allowed and the delay of 125 days in filing the Civil Miscellaneous Appeal, is condoned on condition that the petitioner pays a sum of Rs.500/- to the respondent within a period of two weeks from the date of receipt of a copy of this order. sd/- 27/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

JGB TO THE JUDGE, FAMILY COURT, SRIVILLIPUTHUR.

2/3

ORDER IN CMP(MD) No.6652 of 2023 in CMA(MD) SR.No.39430 of 2023 Date :27/11/2023 RS/JGB/SAR-(30.11.2023) 3P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3