M.Alexis Amutha v. R.Shanmugam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Nineteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.9105 of 2018 IN SA(MD) No.SR48377 of 2017 M.ALEXIS AMUTHA ... PETITIONER/APPELLANT Vs 1 R.SHANMUGAM 2 R.SUBRAMANIAN 3 M.MURUGAN 4 A.RAMASAMY 5 M.KANNAN 6 T.UDAIYAPPAN ... 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 240 days in re presenting the appeal papers in S.A.SR.(MD) No.48377 of 2017 on the file of this Honourable Court and thus render justice.
PRAYER IN SA(MD) No.SR48377 of 2017 Set aside the judgment and decree dated 17.08.2017 made in AS NO.92 of 2014 on the file of Sub Court, Sivagangai, confirming the judgment and decree dated 1.03.2014 made in OS NO.2 of 2012 on the file of District Munsif Court, Sivagangai, and allow this second appeal on the file of this Hon`ble court and pass such further or other orders.
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.V.S.KUMARAGURU, Advocate for the petitioner and of No appearance for the Respondents, the court made the following order:- Heard.
This petition has been filed by the petitioner seeking to condone the delay of 240 days in representing the above Second Appeal.
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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.1,000/- (Rupees one thousand only) to the Babbles Day Care run by Women Lawyers Association, Madurai Bench of Madras High Court, Madurai, 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/- 19/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE SUBORIDINATE JUDGE, SIVAGANGAI.
THE DISTRICT MUNSIF COURT, SIVAGANGAI.
COPY TO THE OFFICER INCHARGE, BABBLES DAY CARE RUN BY WOMEN LOWYERS ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.V.S.KUMARAGURU, Advocate ( SR-3331[I] PS/PN/SAR-4/25.02.2019/2P/5C
ORDER
IN CMP(MD) No.9105 of 2018 IN SA(MD) No.SR48377 of 2017 Date :19/02/2019 https://hcservices.ecourts.gov.in/hcservices/