Madras High CourtCMP(MD)/11642/2025allowed

R.Valli v. R.Baskaran

2025-08-28Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice K.Rajasekar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2025

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR CMP(MD) NO. 11642 of 2025 in A.S.(MD).SR.No.58525 of 2025 R.Valli Petitioner(s) Vs 1.R.Baskaran 2.Latha 3.Rajagopal 4.The District Collector, Madurai.

Respondent(s) (R4 is suo motu impleaded as per the order of this Court dated 23.07.2025 made in C.M.P.(MD).No.11642 of 2025) Prayer: Civil Miscellaneous Petition filed under Order XLIV Rule I of Civil Procedure Code, to grant permission to the petitioner/appellant to conduct the above appeal suit as pauper appeal. 1/4

For Petitioner(s) : Mr.V.S.Kumara Guru For Respondent : Mr.T.Thirumurugan (for R3) Mr.N.Sathishkumar (for R4) Additional Government Pleader

ORDER

(Order of the Court was made by the Hon'ble G.R.SWAMINATHAN J.,) This Miscellaneous Petition has been filed seeking leave to prosecute the appeal as indigent prison.

2.It is seen that the petitioner herein was granted such permission under Order 33 of C.P.C., by the Court below. The report of the Tashildar, Madurai West Taluk, Madurai, has also been received. It appears that there is not much of change in the petitioner's circumstances. The contesting respondent has filed an affidavit pointing out that the petitioner has not made a fair disclosure. He has, in fact, enclosed a copy of the sale deed dated 17.04.2025. However, we do not want to attach much importance, as the sale deed stands in the name of the petitioner's husband. It is also stated that the value of the said property is not on the higher side. The Tahsildar 2/4

informed the Court that the petitioner and her family members are residing in a rented house. The petitioner's husband is working for daily wages in Paravai Market, Madurai, and her son is working as a delivery boy in Amazon. The Court fee liable to pay comes to more than Rs.3,50,000/- (Rupees Three Laksh and Fifty Thousand Only). This Court is satisfied that the petitioner is not having funds to make such payment. 3.Accordingly, this petition stands allowed without cost. (G.R.SWAMINATHAN J.) (K.RAJASEKAR J.) 28.08.2025 vsg To 1.The District Collector, Madurai.

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G.R.SWAMINATHAN, J., and K.RAJASEKAR, J., vsg CMP(MD) NO. 11642 of 2025 in A.S.(MD).SR.No.58525 of 2025 28.08.2025 4/4