V.S.Rethinakumari v. S.R.Ratheesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fourth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in CMA(MD) SR.No.57381 of 2024 V.S.RETHINAKUMARI ... PETITIONER/APPELLANT Vs S.R.RATHEESH ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the delay of 686 days with caused in filing the Civil Miscellaneous Appeal against the orders passed in EA No.40 of 2018 dated 08.07.2021 in EP No.4 of 2016 in OS No.106 of 2011 on the file of the Principal District Court, Kanniyakumari at Nagercoil in the interest of justice.

Prayer in CMA(MD) SR.No.57381 of 2024 :

To allow the Civil Revision Petition with cost by setting aside the fair and decreetal order passed in E.A.No.40 of 2018 dated 08-07-2021 in E.P.No.4 of 2016 in O.S.No.106/2011 on the file of the Principal District Judge, Kanniyakumari District at Nagercoil, set aside the same and allow this Civil Revision Petition. ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.P.PRABHAKARAN, Advocate for the petitioner, the court made the following order:- 1/3

This Petition is filed to condone the delay of 686 days in filing the Appeal before this Court.

2.Heard and perused the materials available on record. 3.Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost. 4.This petition is allowed on condition that the petitioner shall pay the cost of Rs.750/- (Rupees Seven Fifty only) to the credit of Women Advocates Association, Madurai Bench of Madras High Court (Account No:6477041768, IFSC Code:- IDIB00H040, Indian Bank, High Court Branch, Madurai) for the purpose of maintaining Creche on or before 14.10.2024.

5. On such payment being made, Registry is directed to number the appeal and post the matter on 15.10.2024, for admission. sd/- 04/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA 2/3

TO THE PRINCIPAL DISTRICT JUDGE, KANNIYAKUMARI DISTRICT AT NAGERCOIL.

COPY TO 1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE OFFICER INCHARGE, WOMEN ADVOCATES ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in CMA(MD) SR.No.57381 of 2024 Date :04/10/2024 RS/VR/SAR-(09.10.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3