Court allowed condonation of delay of 1612 days in restoring a dismissed second appeal, attributing delay to counsel's negligence, conditioned upon payment of Rs.2,000 to respondent counsel's legal costs.
Condonation of delay of 1612 days allowed on condition of paying Rs.2,000 to respondent's counsel.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the Twenty Eighth day of September Two Thousand Sixteen
PRESENT
The Hon`ble Mr.Justice S.S.SUNDAR
CMP(MD) No.6322 of 2016 IN SA(MD) No.708 of 2006
PARVATHI BAI, ... PETITIONER/APPELLANT.
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 1612 days in filing the application for restoration of S.A.No.708 of 2006 as against the respondents 2 & 3.
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. V.RAGHAVACHARI, Advocate for the petitioner, the court made the following order:-
Though the delay in 1612 days, I find that the delay was on account of the failure of the learned counsel, to notice the dismissal of the appeal for non-payment of second batta. The appeal was dismissed for non prosecution after taking note of the fact that the counsel for the appellant is ready to pay cost.
Hence, this petition in allowed on condition that the petitioner shall pay a sum of Rs.2,000/- to the learned counsel for https://hcservices.ecourts.gov.in/hcservices/ the respondent within a period of two weeks from the date of receipt of a copy of this order.
Learned counsel for the petitioner is directed to take notice to R2 & R3 in the appeal immediately upon restoration of appeal. sd/28/09/2016 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE SUBORDIATE JUDGE, PADMANABHAPURAM. 2 THE DISTRICT JUDGE, KANYAKUMARI AT NAGERCOIL.
+One cc to Mr.M.Suri, Advocate, SR.No.57068
ORDER IN CMP(MD) No.6322 of 2016 IN SA(MD) No.708 of 2006 Date :28/09/2016
AM/SS3/SAR-I/03.10.2016/2P/4C
2 issues framed by the court
Whether condonation of delay of 1612 days in filing application for restoration of second appeal is warranted.
Whether appellant must pay costs to counsels for respondents as condition for allowing condonation of delay.
PARVATHI BAI
THANKAMMA DHARMARAJ
SANantha
LATHA CHANDRAN
SREEKUMARAN THAMPI
NASIGETHAN
S.S.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
