Valliappa Chettiar v. N.Muthaiyanaidu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Sixteenth day of August Two Thousand Nineteen PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.6530 of 2019 IN CRP(MD) No.2287 of 2016 1 VALLIAPPA CHETTIAR OORANI & VALLI VINAYAGAR KOIL PRIVATE TRUST, THROUGH ITS MANAGING PRESENT TRUSTEE V.MUTHIAYA (DIED) M.KASI CHETTIYAR 2 M.VALLIAPPAN ... PETITIONERS/RESPONDENTS Vs 1 N.MUTHAIYA NAIDU 2 M.NARASIMHA RAJA 3 M.ELANGOVAN 4 M.KAVITHA 5 M.NAGARAJ ... RESPONDENTS/PETITIONERS 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 269 days in reprsenting in CMP(MD) SR.No.42904 of 2018 in CRP(MD)No.2287 of 2016. PRAYER IN CRP(MD) No.2287 of 2016:
Pleased to call for the records relating to the Fair and Decreetal Order dated 25.10.2016 made in E.A.No.175 of 2016 in E.P.No.63 of 2014 in O.S.No.103 of 1997 on the file of the Sub Court, Devakottai set aside the same and allow the present Civil Revision Petition pass such further or other order as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.AL.GANTHIMATHI, Advocate for the petitioners and of Respondents not appearing either in person or by an Advocate, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/
Heard.
2.This petition has been filed by the petitioners seeking to condone the delay of 269 days in representing C.M.P(MD)SR.42904 of 2018.
3.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 Chief Justice Relief Fund, 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.
4.This petition is accordingly ordered.
5. In the event of payment of cost, the Registry is directed to number the miscellaneous petition, if it is otherwise in order and list the same for hearing.
sd/- 16/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO The Sub Judge, Devakottai Copy To: 1.The Section Officer, Accounts Section, 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.6530 of 2019 IN CRP(MD) No.2287 of 2016 Date :16/08/2019 smn ES/JC/SAR 1/26.08.2019/3P/4C https://hcservices.ecourts.gov.in/hcservices/