The Madurai Bench condoned a delay of 284 days in filing a miscellaneous petition regarding a second appeal, conditional on the payment of Rs.500 to the Chief Justice Relief Fund within two weeks.
Delay of 284 days condoned conditional on payment of Rs.500 to the Chief Justice Relief Fund within two weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Ninth day of December Two Thousand Sixteen
PRESENT
The Hon`ble Mr.Justice M.DURAISWAMY
CMP(MD) No.11809 of 2016 IN SA(MD) No.SR40649 of 2015
1 M.SUBRAMANIAN
2 JOTHIMANI
3 PRAVEENA
4 MATHAVAN
their father and natural guardian
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 284 days in representing the above Second Appeal in S.A.(MD).SR.No.40649/2015.
PRAYER IN SA(MD) No.SR40649 of 2015: Second Appeal against the judgment and decree dated 27.10.2014 in A.S.No.4 of 2014 on the file of District Court, Sivagangai confirming the judgment and decree in O.S.No.25 of 2009 dated:07.10.2013 on the file of Sub-Court, Devakottai.
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. P.MUTHUSAMY, Advocate for the petitioner the court made the following order:-
Heard the learned counsel appearing for the petitioners.
2.There is a delay of 284 days in representing the papers. Though the petitioners have explained the reasons for the delay in the affidavit filed in support of this petition, since the delay is on higher side, the same can be condoned on payment of costs. Accordingly, the delay of 284 days in representing the papers is https://hcservices.ecourts.gov.in/hcservices/ condoned on condition that the petitioners paying a sum of Rs.500/(Rupees Five Hundred only) to the Hounourable Chief Justice Relief
Fund within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stand automatically dismissed without further reference to this Court.
3.Accordingly, this Miscellaneous Petition is ordered.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
TO 1 THE SUBORDINATE JUDGE, DEVAKOTTAI 2 THE DISTRICT JUDGE, SIVAGANGAI Copy to:The Section Officer, Account Section, Madurai Bench of Madras High Court, Madurai. sm:SS2:SAR 3:12/12/2016:2P/4C
CMP(MD) No.11809 of 2016 SA(MD) No.SR40649 of 2015
1 issue framed by the court
Whether the delay of 284 days in representing a second appeal can be condoned upon payment of costs.
M.SUBRAMANIAN
JOTHIMANI
PRAVEENA
MATHAVAN
ARAVIND
KARUPPAYEE
M.DURAIASWAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
