Sivakumar v. Natarajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025 CORAM :

THE HONOURABLE MR. JUSTICE G.ARUL MURUGAN in S.A(MD)No.SR56189 of 2024 1.Sivakumar 2.Chandran ... Petitioners /Appellants Vs 1.Natarajan 2.Ganesan 3.Kumaresan 4.Saraswathi 5.Sunitha 6.Omana 7.Sumathy

...Respondents/Respondents

PRAYER: This Petition filed under Section 151 of CPC, to condone the delay of 316 days for paying deficit Court fee of Rs.4,500/- in SASR No.56189 of 2024 preferred against the Decree and Judgment in AS No.46 of 2018 passed by the II Additional Sub Judge, Nagercoil (Camp Court at Kuzhithurai) dated 05.01.2024 confirming the Decree and Judgment in OS No.300 of 2014 passed by I Additional District Munsif 1/3

Court, Kuzhithurai dated 23.07.2020.

For Petitioners : Mr.A.Balakrishnan

ORDER

This Civil Miscellaneous Petition is filed to condone the delay of 316 days in paying Court fee of Rs.4,500/- in SA.No.SR56189 of 2024.

2. Heard the learned counsel for the petitioners / appellants and perused the affidavit filed in support of this petition.

3. The reason for the delay in paying the deficit Court fee is explained in paragraph Nos.4 & 5 of the affidavit filed in support of this petition. Satisfied with the reasons and considering the fact that the delay is nearly 316 days, this Court is of the considered opinion that the delay could be condoned by putting the petitioners / appellants on terms.

4. In view of the above, the delay is condoned on condition that the petitioners / appellants pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the to the credit of the Women Advocates Association, Madurai Bench of Madras High Court (Account No.6477041768, IFSC Code: IDIB000H040, Indian Bank, High Court 2/3

Branch, Madurai, Branch Code: 2001], for the purpose of maintaining Creche, within a period of two weeks from today (05.08.2025), failing which, the Civil Miscellaneous Petition shall stand automatically dismissed without any further reference to the Court.

sd/- 05/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TO The Officer Incharge, The Women Advocates Association, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CMP(MD) No.12510 of 2025 Date :05/08/2025 PS/SAR.08.08.2025 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3