J.Sharmila v. A.Anbarasan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Fourth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN and The Hon`ble Mr.Justice K.K.RAMAKRISHNAN in CMA(MD) SR.No.41796 of 2024 J.SHARMILA ... PETITIONER/APPELLANT Vs A.ANBARASAN ... RESPONDENT/RESPONDENT 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 397 days in filling the Civil Miscellaneous Appeal in C.M.A.(MD) S.R.No.41796 of 2024. Prayer in CMA(MD) SR.No.41796 of 2024 :

To set aside the decree and judgment passed in S.M.O.P.No.176 of 2019 on the file of the Family Court, Dindigul dated 25.01.2023. ORDER : This 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 MR.R.R.KANNAN, Advocate for the petitioner and of MR.V.KARUNA, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to condone the delay of 397 days in fling the appeal. 2.The learned counsel appearing for the respondent has raised serious objection 1/3

to allow this petition.

3.The reasons stated in the accompanying affidavit are not satisfactory. However, in order to give opportunity to the parties to resolve the dispute on merits, the petition is allowed on condition that the appellant shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the respondent, on or before 11.11.2024, failing which, the petition shall stand dismissed automatically without any further reference to Court. Further, the petitioner is directed to file paid cost memo on or before 12.11.2024.

4. List the matter on 13.11.2024 'for reporting compliance'. sd/- 24/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

vsg TO THE JUDGE, FAMILY COURT, DINDIGUL.

+1 CC to M/s.RR.KANNAN, Advocate ( SR-13135[I] dated 25/10/2024 ) +1 CC to M/s.V.KARUNA, Advocate ( SR-13233[I] dated 28/10/2024 ) 2/3

ORDER

IN in CMA(MD) SR.No.41796 of 2024 Date :24/10/2024 RS/MMS/SAR-(06.11.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3