Madras High CourtCMP(MD)/2029/2017ordered

Ramjan Beevi v. Chandran

2021-02-09Honourable Mrs Justice J. Nisha Banu2 pages

C.M.P(MD)No.2029 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.M.P(MD)No.2029 of 2017 in C.R.P(MD) SR.No.6776 of 2015 Ramjan Beevi ... Petitioner/Petitioner Vs.

1. Chandran

2. Kumaravel

3. Sankar

4. Rakkammal

5. Santhi

6. V.S.Isravel ....Respondents/Respondents Prayer in C.M.P(MD).No.2029 of 2017: This petition is filed under Section 5 of Limitation Act, to condone the delay of 37 days in filing the above civil revision petition.

Prayer in C.M.A(MD) SR.No.6776 of 2015: This Civil Miscellaneous Appeal is filed under Section 115 of Code of Civil Procedure, to set aside the order and decree 23.09.2014 made in I.A.No.29 of 2013 in unnumbered A.S.No.of 2013 on the file of the learned Principal District Court, Ramanathapuram(DT), Ramanathapuram and allow the above said civil revision petition.

For Petitioner : Mr.G.Gomathi Sankar

ORDER

This Civil Miscellaneous Petition has been filed to condone the delay of 37 days in filing the C.R.P(MD).SR.No.6776 of 2015.

2. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that inadvertently, he has not paid the cost as directed by this Court, by order dated 09.02.2021 and hence, he seeks to extend the time to pay the cost.

3. Admittedly, CMP(MD).No.2029 of 2017 in C.R.P.(MD)SR.No.6776 of 2015, seeking to condone the delay of 37 days in filing the above revision petition was allowed on 09.02.2021, on condition to pay a sum of Rs.500/- to the credit of the Secretary, Legal Aid Service https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.P(MD)No.2029 of 2017 Authority, Madurai Bench of Madras High Court, Madurai, within a period of two weeks from the date of receipt of copy or otherwise the petition stand automatically dismissed. So as on date the petition for condonation of the delay is dismissed and therefore, extension to pay the cost cannot be granted.

4. Accordingly, this civil miscellaneous petition is dismissed with the liberty to file appropriate application. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) PKN To The Principal District Court, Ramanathapuram(DT), Ramanathapuram.

+1CC to Mr.G.GOMATHI SANKAR, Advocate (SR-10736[F] dated 12/03/2021) Order made in C.M.P(MD)No.2029 of 2017 in C.R.P(MD) SR.No.6776 of 2015 11.03.2021 PK(CO) SRS (22/03/2021) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2