A two-judge bench of the Madras High Court dismissed an application seeking condonation of a 65-day delay in filing a Curative Petition on execution jurisdiction, as the petitioner failed to comply with a conditional order dated 10.03.2017.
Application to condone delay in filing CRP dismissed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Sixteenth day of March Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CMP(MD) No.2182 of 2016 IN CRP(MD) No.SR52744 of 2015
1 MICHAEL AMMAL
2 THOMAS ... PETITIONERS / PETITIONERS
Vs
A.GEORGE ... RESPONDENT / RESPONDENT
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 65 days in filing this CRP.(MD). SR.No.52744/2015 and thus render justice.
PRAYER IN CRP.(MD).SR.No.52744/2015 : To Stay the operation of the order dated 25.06.2015 in E.A.No:13 of 2011 in E.P.No:17 of 2008 in O.S.No.139 of 2006, on the file of the District Munsif Court, Sivagiri.
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.F.X.EUGENE, Advocate for the petitioner the court made the following order:-
The conditional order dated 10/03/2017 has not been complied with.
Hence,the condone delay petition is dismissed.
sd/16/03/2017
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE DISTRICT MUNSIF JUDGE,SIVAGIRI.
ORDER
IN
CMP(MD) No.2182 of 2016
IN
CRP(MD) No.SR52744 of 2015 Date :16/03/2017 https://hcservices.ecourts.gov.in/hcservices/ JM/SV MMS/SAR 2/17.03.2017/1P/2C
1 issue framed by the court
Whether a petitioner's application to condone a delay of 65 days in filing a curative petition should be allowed given non-compliance of a conditional order.
MICHAEL AMMAL
THOMAS
A. GEORGE
G. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
