Madras High CourtCMP(MD)/8340/2019ordered

Mary Lucy v. Danbasco Irudhayaraj

2019-09-18Honourable Mrs Justice J. Nisha Banu2 pages

CMP(MD) No.8340 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Eighteenth day of September Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.8340 of 2019 IN AS(MD)SR.31622 OF 2017 MARY LUCY ... PETITIONERS/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 721 days in paying the deficit court fee Rs.4250/- in AS(MD) SR.No.31622 of 2017 and thus render justice. PRAYER IN AS(MD)SR.31622 OF 2017:

Pleased 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.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.DEENADHALAYALAN, Advocate for the petitioner the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.8340 of 2019 This petition has been filed by the petitioner seeking to condone the delay of 721 days in paying the deficit Court fee of Rs.4250/- in the above appeal suit.

2. Heard the learned counsel appearing for the petitioner.

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 allow this petition.

4. This petition is accordingly ordered.

sd/- 18/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE 3rd ADDITIONAL DISTRICT JUDGE, TIRUNELVELI.

ORDER

IN CMP(MD) No.8340 of 2019 IN AS(MD)SR.31622 OF 2017 Date :18/09/2019 TR/PN/SAR-I (25.09.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2