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Madras High CourtCMP(MD)/11640/2018ordered

G. Sathishkumar, v. V. Karthick,

2018-12-05Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Fifth day of December Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.11640 of 2018 IN CRP(MD) No.SR41544 of 2017 G.SATHISHKUMAR ... PETITIONER/ PETITIONER Vs 1 V.KARTHICK 2 G.VIJAYAKUMAR S. GANESAN (DIED) 3 M.SETHURAMAN 4 SUBRAMANI @ DHANASEKARAN 5 MANICKAM 6 RAMALINGAM 7 MOHANA 8 RASATHI 9 SUBRAMANI ASARI 10 M/S.SELVI ELECTRONICS 11 ANUSUYA 12 SHANMUGAM 13 MAHAMUNI 14 KUTTIYAMMA 15 PRABHAKARAN 16 GOWRI 17 SIVAKUMAR 18 NAGALAKSHMI 19 SHOBANA 20 SHRI UDAYA SINGH SETTU 21 THENMOZHI 22 MUTHULAKSHMI 23 PITCHAIAMMAL 24 RUKUMANI 25 RAJA YOGI 26 SOKKI @ RAMAN 27 NAVANEETHAKRISHNAN 28 RASATHI 29 SHRI. RUSSIA @ KUMAR 30 ANGURAJA 31 BAI AMMA 32 KALPANA

33 NAGALINGAM 34 TEA SHOP SEKAR 35 LAKSHMI 36 CHITRA 37 PERIYASAMY 38 SETTU 39 MURUGESAN CHETTIYAR 40 SATHEESH 41 R.SETHURAMAN 42 SEKAR 43 AKILA 44 HEMAVATHI 45 GANESAN 46 K.GOBINATH 47 RADHAI RENGARAJ 48 KESAVAN 49 RAMACHANDRAN 50 VIJAYAKUMAR 51 NAGARAJAN 52 PRABHAKARAN 53 JABBAR 54 MALAR MANNAN 55 RAGHAVAN 56 MUTHOOT FINANCE LTD., REP. BY ITS BRANCH MANAGER, NO.71, BIG SOURASHTRA STREET, WORAIYUR, TIRUCHIRAPPALLI - 620 003.

57 SHRI.KUMAR 58 SHRI BABU 59 AIRTEL, REP. BY ITS LEGAL HEAD, SEEWARI STEEMET - 1045, 3RD AND 4TH FLOOR, AVINASHI MAIN ROAD, COIMBATORE - 18.

60 PAPPATHI 61 SEKAR ... RESPONDENTS/ RESPONDENTS (R-3 TO R61 ARE SET EXPARTE BEFORE THE TRIAL COURT. HENCE, NOTICE MAY BE GIVEN AGAINST THEM) 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 362 days in representing the Civil Revision Petition in CRP(PD)SR.No.41544 of 2017 and thus render justice. PRAYER IN CRP(MD) No.SR41544 of 2017:

To set aside the fair and decreetal order dated 01.03.2017 made in I.A.No.71 of 2011 in O.S.No.10 of 2011 on the file of the IIIAdditional District Court, Tiruchirappalli.

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.BASKARAN, Advocate for the petitioner, the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 362 days in representing the above Civil Revision Petition.

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 the Legal Services Committee, attached to this Bench, within a period of one week from the date of receipt of copy of this order. 3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the main petition, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 05/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE III-ADDITIONAL DISTRICT JUDGE, TIRUCHIRAPPALLI.

COPY TO:

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

2 THE SUB ASSISTANT REGISTRAR, AE SECTITION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CMP(MD) No.11640 of 2018 IN CRP(MD) No.SR41544 of 2017 Date :05/12/2018 MS/PN/SAR-1/07.12.2018/3P.4C