Dhanuskodi v. Natchiyappan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of February Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice J.NISHA BANU IN CRP(MD) No.SR.15627 of 2018 1 DHANUSKODI 2 SUBRAMANIAN 3 KANNUSAMY 4 GURUSAMY 5 NATCHAMMAL W/O.MURUGAN 6 NATCHAMMAL W/O.BALUCHAMY ... PETITIONERS/PETITIONERS Vs 1 NATCHIYAPPAN 2 VELMURUGAN 3 KUMAR 4 KAILASAM 5 SUBBIAH 6 SIVALINGAM 7 GURUSAMY 8 SUBRAMANIAN S/O.SUBBIAH 9 RASU 10 VELLAISAMY 11 SUBRAMANIAN S/O.PALANIYANDI 12 KATHIRESHAN ... RESPONDENTS/RESPONDENTS 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 52 days in filing the above Civil Revision Petition before this Honourable Court as against the order dated 22.11.2017 passed in I.A.No.354 of 2015 in UFA.S.C.F.R.No.4930 of 2015 on the file of the Subordinate Judge, Sivagangai. 1/3

PRAYER IN CRP(MD) No.SR.15627 of 2018:

To set aside the Fair and Decretal order dated 22.11.2017 passed in I.A.No.354 of 2015 in UFA.S.C.F.R.No.4930 of 2015 on the file of the Subordinate Judge, Sivagangai, and allow this present 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.N.RAHAMADULLAH, Advocate for the petitioners and of Mr.R.VIJAYAKUMAR, Advocate on behalf of the Respondents 3 to 7, and 9 to 12, the Court made the following order:- This petition has been filed by the petitioners seeking to condone the delay of 52 days in filing the above Civil Revision Petition.

2.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.500/- (Rupees five hundred only) to the Legal Aid Service Authority, attached to this Bench, within a period of two weeks from the date of receipt of copy of this order, failing which the petition shall stand dismissed automatically without any further reference to this Court.

3.This petition is accordingly ordered.

4. In the event of payment of cost, the Registry is directed to number the revision, if it is otherwise in order and list the same "for admission".

sd/- 01/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

TO THE SUBORDINATE JUDGE, SIVAGANGAI.

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COPY TO:

THE AUTHORISED OFFICER, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRP(MD) No.SR15627 of 2018 Date :01/02/2021 msa AE/JC/SAR-I (04/02/2021) 3P / 3C 3/3