This single judge order condoned a delay of 389 days in filing a condonation petition for a second appeal. The petitioner was directed to pay costs to a designated creche.
Condonation of 389-day delay on condition of payment of Rs.1,000/- to the Bubble's Day Care Creche.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Nineteenth day of January Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice M.DURAISWAMY
CMP(MD) No.39 of 2017 IN SA(MD) No.SR42963 of 2015
JOSPHINE REBAKKAL ... PETITIONER/APPELLANT
AROKIASAMY ... RESPONDENT/RESPONDENT
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condoning the delay of 389 days in representing the above Second Appeal in SA(MD)SR.No.42963/2015.
Prayer in SA(MD) No.SR42963 of 2015:-
Memorandum of Grounds of Second Appeal against the Judgment and Decree passed in A.S.No. 157 of 2009 dated 17.04.2014 on the file of the 1st Additional Subordinate Judge at Trichy, reversing the judgment and decree passed in O.S.No. 162 of 2009 dated 19.03.2012 on the file of Additional District Munsif, Lalgudi.
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. M.SIDDHARTHAN, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:-
Heard the learned counsel for the petitioners.
the delay, since the delay is on the higher side, the same can be condoned on payment of costs. Hence, the delay of 389 days in representing the papers is condoned on condition that the petitioner paying a sum of Rs.1,000/- (Rupees One Thousand only) to The
Bubble's Day Care Creche” maintained by the Women Advocate
Association, attached to this Bench within a period of one week from the date of receipt of a copy of this order, failing which the petition shall stand automatically dismissed without further reference to this Court.
sd/19/01/2017
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE I ADDITIONAL SUBORDINATE JUDGE AT TRICHY.
2 THE ADDITIONAL DISTRICT MUNSIF, LALGUDI.
COPY TO: The Bubble's Day Care Creche” MAINTAINED BY THE WOMEN ADVOCATE ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
PS
CSL/RR-ME/SAR-III/20.01.2017 : 2P/4C
ORDER
IN CMP(MD) No.39 of 2017 IN SA(MD) No.SR42963 of 2015 Date :19/01/2017
1 issue framed by the court
Whether the delay of 389 days in representing papers in a second appeal deserves condonation.
Josphine Rebakkal
Arokiasamy
M. Duraismwamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
