Dhanalakshmi v. Uma Maheshwari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Ninth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.8730 of 2018 IN SA(MD) No.SR27000 of 2018 DHANALAKSHMI ... PETITIONER/APPELLANT Vs 1 UMA MAHESHWARI 2 SANKARAN ... RESPONDENTS/RESPONDENTS 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 391 days in representing the papers in SA.SR.No.27000 of 2017 and thereby render justice. PRAYER IN SA(MD) No.SR27000 of 2018 To call for the records and set aside the Judgment and Decree dated 07.03.2017 in A.S.No. 26 of 2016 on the file of Additional District Judge, (FTC), Kumbakonam, confirming the Judgment and decree dated 18.02.2016 in O.S.No. 46 of 2011 on the file of Additional Sub Judge, Kumbakonam and allow this second appeal with costs throughout.

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.H.LAKSHMI SHANKAR, Advocate for the petitioner and of MR.I.SUTHAKARAN, Advocate for R2,the court made the following order:- Heard.

This petition has been filed by the petitioner seeking to condone the delay of 391 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.1,500/- (Rupees one thousand and five hundred only) https://hcservices.ecourts.gov.in/hcservices/

to the 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, failing which this petition shall stand 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/- 09/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE (FAST TRACK COURT), KUMBAKONAM 2 THE ADDITIONAL SUBORDINATEJUDGE, KUMBAKONAM COPY TO:- 1. THE OFFICER IN-CHARGE, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

ORDER

IN CMP(MD) No.8730 of 2018 IN SA(MD) No.SR27000 of 2018 Date :09/04/2019 MSI/JC/SAR 2/11.04.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/