S.Alphonse Mary (Died), v. Rathinasamy, S/O.Soosai Udayar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.10823 of 2018 IN CMA(MD) No.SR41130 of 2018 S.ALPHONSE MARY (DIED) A.SHEELA MARY ... PETITIONER/ PETITIONER Vs 1 RATHINASAMY 2 A.JACQUELINE FRANCIS MARY 3 S.ANTONYSAMY 4 ROSALI 5 JEYAMARY 6 FATHIMA MARY ... 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 192 days in filing the Civil Miscellaneous Appeal before this Hon'ble Court, against the order passed by the Hon'ble Principal District Judge, Trichirappalli in its order dated 23.10.2017 made in I.A.No.293 of 2017 in Indigent O.P.No.
21/2015 and pass such further or other orders as are necessary in the circumstances of this 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 Mr.V.SANKARANARAYANAN, Advocate for the petitioner and of Mr.R.SUBRAMANIAN, Advocate for the respondent, the court made the following order:- Heard.
This petition has been filed by the petitioner seeking to condone the delay of 192 days in filing 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 Services Committee, attached to this Bench, within a period of one week from https://hcservices.ecourts.gov.in/hcservices/
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/- 18/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE PRINCIPAL DISTRICT JUDGE, TRICHIRAPPALLI.
COPY TO:
1. THE AUTHORISED OFFICER, 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.10823 of 2018 IN CMA(MD) No.SR41130 of 2018 Date :18/12/2018 MS/PN-AC/SAR-4/24.12.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/