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Madras High CourtCMP(MD)/16414/2024allowed

Mathiazhagan v. Marthandan

2024-11-15Honourable Mrs Justice R. Kalaimathi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MRS. JUSTICE R. KALAIMATHI in A.S(MD) SR.No.49615 of 2024 MATHIAZHAGAN ... PETITIONER/APPELLANT Vs 1 MARTHANDAN 2 MANIRETHINAM 3 SARAVANARAJA 4 LALITHA 5 VALARMATHI 6 NEELAVATHI ... RESPONDENTS/RESPONDENTS (NOTICE TO R5 MAY BE DISPENSED WITH AS SHE REMAINED EX-PARTE BEFORE THE THE TRIAL COURT) Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order to condone the delay of 102 days in paying deficit Court fee of Rs.5010/- in the interest of justice and thus render justice.

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PRAYER IN A.S(MD) SR.No.49615 of 2024:

Pleased to allow this appeal by setting aside the judgment and decree of III Additonal District Judge, Thanjavur @ Pattukottai rendered in O.S.No.38 of 2017 dated 05.03.2024.

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 M/S.N.BALAKRISHNAN, Advocate for the petitioner, the court made the following order:- This petition is filed to condone the delay of 102 days in paying deficit Court fee of Rs.5,010/-.

2. Heard the learned counsel for the petitioner/appellant.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed.

sd/- 15/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO THE III ADDITONAL DISTRICT JUDGE, THANJAVUR @ PATTUKOTTAI 2/3

COPY TO THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in A.S(MD) SR.No.49615 of 2024 Date :15/11/2024 RK/GSV (23/11/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3