Susila v. S.Thirumalai

CMP(MD) No.7718 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Eighth day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7718 of 2019 IN CMA(MD).SR.NO.44591 of 2018 1 SUSILA 2 M.MUTHUKUMAR 3 M.VIJAYALAKSHMI 4 M.VADIVEL 5 M.NIRMALA S.KARUPPAIAH (DIED) ... PETITIONERS/APPELLANTS Vs 1 S.THIRUMALAI 2 THE ORIENTAL INSURANCE COMPANY LTD, REP BY ITS BRANCH MANAGER, K.J.R.COMPLEX, 16, NORTH VELI STREET, MADURAI. (POLICY NO.454400/1655) 3 GANDHIMATHI 4 MINOR KARUPPURAJ (REP BY HIS NATURAL GUARDIAN AND MOTHER, 3RD RESPONDENT HEREIN) ...

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 161 days in representing the above said Civil Miscellaneous Appeal and thus render justice. PRAYER IN CMA(MD).SR.NO.44591 of 2018:- To prefer the Memorandum of Civil Miscellaneous Appeal against the Judgment and Decree passed in M.C.O.P.No.255 of 2011 on the file of the IV Additional District Judge, Madurai dated 13.04.2018. 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.C.VAKEESWARAN, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.

CMP(MD) No.7718 of 2019 This petition has been filed by the petitioners seeking to condone the delay of 161 days in representing the above Civil Miscellaneous 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.500/- (Rupees five hundred only) to the Legal Aid Service Authority, 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 appeal, if it is otherwise in order and list the same "for admission" forthwith.

sd/- 28/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE IV ADDITIONAL DISTRICT JUDGE, MADURAI.

COPY TO:

1.

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

2. THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.C.VENKEESWARAN, Advocate ( SR-14212[I] dated 28/08/2019 )

ORDER

IN CMP(MD) No.7718 of 2019 in CMA(MD).SR.NO.44591 of 2018 Date :28/08/2019 MSA AE/JC/SAR-II (03.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2