Madras High CourtCMP(MD)/7515/2019ordered

Thiyagarajan v. Rajeshwari

2019-08-26Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.7515 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Sixth day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.7515 of 2019 in CMA(MD).SR.NO.57586 of 2019 1 THIYAGARAJAN 2 RAJASETHUPATHI 3 RAMESH BABU ... PETITIONERS/PETITIONERS Vs 1 RAJESHWARI 2 BANUMATHI 3 ANUSUYA 4 JEYAKODI ... 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 335 days in representing the CMA.SR(MD) No.57586 of 2019.

PRAYER IN CMA(MD).SR.NO.57586 of 2019:- To set aside the fair and decreetal order dated 10.08.2017 in I.A.No.155 of 2017 in O.S.No.50 of 2015 on the file of the I Additional District Judge, Madurai and allow this Civil Miscellaneous Appeal.

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.K.GUHAN, Advocate for the petitioner and of MR.D.SENTHIL, Advocate for R1, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 335 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.1,000/- (Rupees one thousand only) to the Legal Aid https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7515 of 2019 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/- 26/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE IST 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.

ORDER

IN CMP(MD) No.7515 of 2019 in CMA(MD).SR.NO.57586 of 2019 Date :26/08/2019 msa AE/PN/SAR-II (29.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2