Jeyakumar, v. Sabitha Kumari,

CMP(MD). No.6001 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twenty Second day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CMP(MD). No.6001 of 2022 in CRP(MD) No.1347 of 2021 Jeyakumar ..

Petitioner/Petitioner Vs Sabitha Kumari ..

Respondent/Respondent Prayer in CMP(MD). No.6001 of 2022:- This Civil Miscellaneous Petition filed under section 5 of Limitation Act, praying this Court, to condone the delay of 86 days in filling the restoration application in CRP (MD) No.1347/2021 dated 14-03-2022 Prayer in CRP(MD). 1347/ 2021 :

This Civil Revision Petition filed under Article 227 of Constitution of India, praying this Court, to call for the records relating to the Order dated 19.03.2020 made in I.A.No. 3 of 2020 in O.S. No. 302 of 2018 on the file of the Learned Subordinate Judge, Padmanabhapuram now transfer and renumbered as O.S. No. 94 of 2021 on the file of the Family Court, Nagarkoil and set aside the same. ORDER:- This Civil Miscellaneous Petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.Russel Raji, Advocate for the Petitioner and this Court made the following order:

On 14.03.2022, this Court disposed of the Civil Revision Petition in CRP(MD) No.1347 of 2021, with a direction to the revision petitioner to pay a sum of Rs.1,00,000/- to the respondent/second plaintiff on or before 04.04.2022, failing which, the Civil Revision Petition will stand automatically dismissed without any further reference to this Court.

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CMP(MD). No.6001 of 2022 2.The learned counsel appearing for the petitioner submits that since the petitioner did not pay the aforesaid amount to the respondent as per the order of this Court, he has filed this application to condone the delay of 86 days in filing the restoration application in CRP(MD) No.1347 of 2021. He has also brought a demand draft bearing No.951985, for a sum of Rs.1,00,000/-, payable to the respondent and in open Court, the Demand Draft is handed over to the learned counsel for the respondent.

3.Though the petitioner has not complied the order of this Court as stipulated, considering the fact that now he has settled the amount to the respondent by way of a Demand Draft, this Civil Miscellaneous Petition is allowed.

Sd/- Assistant Registrar (CS-I) // True Copy // /09/2022 Sub Assistant Registrar(CS) To:

1. The Subordinate Judge, Padmanabhapuram

2. The Judge, Family Court, Nagercoil.

3. The Section Officer, Judicial Section, Madurai Bench. +1. CC to M/S.R.Russel Raji, Advocate SR.No.39762 ORDER DATED : 22/08/2022 ==========================

ORDER

========================== CMP(MD). No.6001 of 2022 in CRP(MD) No.1347 of 2021 Giving direction and etc.

as stated within.

RD(02/09/2022) 2P 5C https://www.mhc.tn.gov.in/judis 2/2