Madras High CourtCMP(MD)/9715/2018ordered

Sikkandar, v. V.Ramamoorthy,

2019-04-02Honourable Mrs Justice J. Nisha Banu2 pages

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Second day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.9715 of 2018 IN CRP(MD) No.341 of 2011 SIKKANDAR ... PETITIONER/REVISION PEITITONER Vs 1 V.RAMAMOORTHY 2 THE SPECIAL OFFICER, M.D.A.HSG CO-OPERATIVE SOCIETIES LIMITED, KARAIKUDI.

3 THE DEPUTY REGISTRAR (HOUSING) VIRUDHUNAGAR REGION, VIRUDHUNAGAR. ... 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 191 days in filing the restoration petition in CRP(MD)No.341 of 2011 and thus render justice. Prayer in CRP(MD). 341/ 2011 :

To set aside the Fair and decreetal order dated 18/09/2010 passed in the C.M.A.Cs.No.3/2006 on the file of District Judge, Sivagangai reversing the order dated 13/10/2005 passed in A.R.C.No.37/1999-2000 on the file of the 3rd respondent (Housing), Virudhunagar by allowing this CRP(MD).No.341/2011 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.K.BAALASUNDHARAM, Advocate for the petitioner and of respondent not appeared either in person or by an Advocate, the court made the following order:- This petition has been filed by the petitioner seeking to condone the delay of 191 days in filing a petition for restoration in above revision petition.

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2. Heard the learned counsel for the petitioner. No representation for the respondents.

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 the number the restoration petition and list the same on 23.04.2019. sd/- 02/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT JUDGE, SIVAGANGAI 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.

+1. C.C. to MR.K.BAALASUNDHARAM Advocate SR.No.6008

ORDER

IN CMP(MD) No.9715 of 2018 IN CRP(MD) No.341 of 2011 Date :02/04/2019 MSI/VR/SAR 1/04.04.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/