The Madurai Bench of Madras High Court, per Justice R.Pongiappan, condoned a delay of 359 days in filing an appeal in a family dispute. The petition was allowed on condition that the petitioner pays Rs.1000 to the respondents.
Petition allowed; delay of 359 days condoned; Petitioner directed to pay Rs.1000 to Respondents.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the Fifth day of April Two Thousand Nineteen
PRESENT
The Hon`ble Mr.Justice R.PONGIAPPAN
CMP(MD) No.1779 of 2019 IN AS(MD) No.SR38955 of 2016
RENUGADEVI ... PETITIONER/APPELLANT
Vs
1 CHANDRAN 2 BOOPATHY ... RESPONDENTS/ RESPONDENTS
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 359 days in preferring the above appeal and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.
PRAYER IN AS(MD) No.SR38955 of 2016:
To set aside the decree and judgment date 02.07.2015 passed in O.S.No.4 of 2014 on the file of the Family Court, Dindigul in so far as the same related to the dismissal of charge decree over the suit property by allowing this appeal.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.Y.PRAKASH, Advocate for the petitioner and of Mr.S.SENTHIL, Advocate for R1, and Mr.R.RAJADURAI, Advocate for R2, the court made the following order:-
This petition has been filed to condone the delay of 359 days in filing the appeal.
2.The learned counsel appearing for the respondents made an endorsement that the petition may be allowed on cost.
3.Being satisfied with the reason stated in the affidavit filed in support of this petition, this petition is allowed and the delay is condoned on condition that the petitioner is directed to pay a sum of Rs.1000/- (Rupees One Thousand only) to the respondents, https://hcservices.ecourts.gov.in/hcservices/ failing which, the order passed by this Court shall stand automatically dismissed without any further reference to this Court.
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4.Registry is directed to number the appeal, if the papers are otherwise in order.
sd/05/04/2019
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO
THE JUDGE FAMILY COURT, DINDIGUL.
COPY TO:
THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to Mr.Y.PRAKASH Advocate SR.No.6271
ORDER IN CMP(MD) No.1779 of 2019 IN AS(MD) No.SR38955 of 2016 Date :05/04/2019
TK/PN/SAR-4/25.04.2019/2P/4C
2 issues framed by the court
Whether the delay of 359 days in filing the appeal can be condoned.
Whether the petitioner is directed to pay costs to the respondents.
RENUGADEVI
CHANDRAN
BOOPATHY
R.PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
