Madras High CourtCMP(MD)/7632/2019allowed with costs

Mary Lucy v. Danbasco Irudhayaraj

2019-08-30Honourable Mrs Justice R. Tharani2 pages

CMP(MD) No.7632 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Thirtieth day of August Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice R.THARANI CMP(MD) No.7632 of 2019 in AS(MD).SR.NO.31622 of 2017 MARY LUCY ... PETITIONER/APPELLANT Vs 1 DANBASCO IRUDHAYARAJ 2 A.VINCENT MARIYA JOSEPH MARIYA ALBERT AMBROSE (DIED) 3 ALPHONSE LIGORI SELVARATHNAM 4 A.PHILIPS BERCHAMANS RAJA 5 F.SUGANTHI PANNER SELVAM 6 F.JOHN JUDE SUGUMAR JOSEPH AROCKIARAJ (DIED) 7 G.XAVIER ELISA 8 ANNIA AUREEN ALBERT ... 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 751 days in representing the First Appeal in AS(MD) SR.No.31622 of 2017 and thus render justice. PRAYER IN AS(MD) SR.No.31622 of 2017:- To set aside the judgment and Decree dated 24.02.2017 made in O.S.No.127 of 2010 on the file of the 3rd Additional District Judge, Tirunelveli 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.S.DEENADHAYALAN, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.7632 of 2019 Both side present.

2.This petition is filed to condone the delay of 751 days in representing the first appeal in A.S.(MD)No.SR31622 of 2017. 3.The respondents side has no serious objection. 4.The reasons stated in the affidavit filed in support of this petition, are satisfactory, hence, this petition is allowed and, the delay is condoned on condition that the petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred only) to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, Periyakulam), on or before 06.09.2019.

sd/- 30/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE 3RD ADDITIONAL DISTRICT JUDGE, TIRUNELVELI. COPY TO:

THE OFFICER INCHARGE, DISTRICT SIDDHA MEDICAL OFFICER, PERIYAKULAM.

ORDER

IN CMP(MD) No.7632 of 2019 in AS(MD).SR.NO.31622 of 2017 Date :30/08/2019 MRN AE/JC/SAR-II (05.09.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2