Madras High CourtCMP(MD)/6431/2017ordered

Dhanalakshmi v. Ramalingam

2020-11-02Honourable Mr Justice R. Mahadevan2 pages

CMP(MD) No.6431 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Second day of November Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice R.MAHADEVAN CMP(MD) No.6431 of 2017 IN SA.(MD)SR.No.27374 of 2017 DHANALAKSHMI ... PETITIONER/ APPELLANT Vs 1 RAMALINGAM 2 TAMILSELVAN ... 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 912 days in filing this SA(MD)SR 27374 of 2017.

PRAYER IN SA.(MD)SR.No.27374 of 2017:

To pass a judgment and decree setting aside the disallowed portion in judgment and decree dated 09.10.2014 in A.S.No.30 of 2013 passed by the learned Sub Court, Valliyoor reversing the judgment and decree dated 25.07.2013 partly allowing the suit in O.S.No.137 of 2009 passed by the learned Principal District Munsif, Nanguneri. 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.R.PONKARTHIKEYAN, Advocate for the petitioner and of Mr.S.R.ANBARASU, Advocate for the 2nd respondent and 1st respondent not appeared either in person or by an advocate, the court made the following order:- This Miscellaneous Petition has been filed to condone the delay of 912 days in filing the Second Appeal.

2. Heard the learned Counsel appearing for the petitioner and the learned counsel appearing for the second respondent.

3. Though notice was served on the first respondent and his name was printed in the cause list, there is no representation on his behalf either in person or through counsel.

4. Having been satisfied with the reasons assigned in the affidavit filed in support of this Civil Miscellaneous Petition, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.6431 of 2017 delay of 912 days in filing the above appeal is condoned on condition that the petitioner, pays a sum of Rs.1000/- (Rupees One Thousand only) as cost, to the credit of the High Court Legal Services Committee, Madurai, on or before 18.11.2020, failing which, this Civil Miscellaneous Petition shall stand dismissed automatically without further reference to this Court.

5. On such payment being made, Registry is directed to number and list the Second Appeal, if it is otherwise in order. sd/- 02/11/2020 / TRUE COPY / / /2020 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 1 THE SUBORDINATE JUDGE, VALLIYOOR.

2 THE PRINCIPAL DISTRICT MUNSIF, NANGUNERI.

COPY TO:

THE OFFICER INCHARGE, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.6431 of 2017 IN SA.(MD)SR.No.27374 of 2017 Date :02/11/2020 MS/PN/SAR-2/04.11.2020/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2