The Madras High Court condoned a delay of 207 days in filing a Civil Revision Petition, conditioned upon the payment of Rs. 1,000 to the Legal Aid Service Authority within one week.
Condonation of 207 days delay in filing CRP MD No. SR 16508 of 2018, subject to payment of Rs. 1,000 to Legal Aid Service Authority within one week.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Second day of July Two Thousand Nineteen
PRESENT
The Hon`ble Mrs.Justice J.NISHA BANU
CMP(MD) No.3285 of 2019 IN CRP(MD) No.SR16508 of 2018
MARIAMMA, (DIED), YESUDHAS (DIED), VIJAYAKUMAR (DIED) ALPHONSE (DIED),
1.MARYSTELLA IDAPAUL,
2 MARY GLORY, 3 EMAGULATE MARY, 4 PETTER PAUL, 5 MARY ALPHONSE,
6 JOHNMARY, ... PETITIONERS/PETITIONERS
Vs
MADHAVAN (DIED), 1.PALAYYAN, KANNAMMA (DIED)
2 CHELLACHI,
3 DHASAMMAL, 4 ROSAMMAL, 5 KAMALA BAI, 6 MANAS, SOLOMEN (DIED), GOPALAN (DIED)
7 PALAYYAN, THANKAMONI(DIED) CHELLAYYAN (DIED) ACHUTHAN(DIED) NESAMONI (DIED) THANKAYYAN (DIED) GNANAMMA (DIED) PODIYAN (DIED) KOCHUMONI (DIED) CHELLAYYAN (DIED) GOPINATHAN (DIEDS) https://hcservices.ecourts.gov.in/hcservices/
8 KUMARAVELU,
2
9 THOMPSON,
10 RENGASWAMY, NEELAN (DIED), NADANKUTTY (DIED)
11 JOSEPH, RAJAYYAN(DIED) SELVAMUTHU (DIED) NEELAKANDAN (DIED)
12 PECHI MUTHAMMA, RAMAYYAN NADAR(DIED), THANKAMMAL,(DIED) CHELLAPPAN (DIED)
13 VEERAPATHIRAN, PALAKURUSWAMY(DIED), THANKAPPAN(DIED), SATHIA VAKEESWARAN(DIED), GANAPATHY(DIED), KANNAMMAL(DIED), PONNAMMA (DIED)
14 SARASWATHI,
15 AMBUJAKCHI,
16 ANBIAN @ CHELLAYYAN,
17 SUNDARAN,
18 MUTHUNAYAGAM, BASKARAN (DIED)
19 SELVAMONI, 20 RAJAM, 21 PONNAN, 22 NATARAJAN, 23 SUNDARI, 24 KUMAR,
25 USHA,
26 SASI, 27 SELVAN, GOMATHI (DIED)
28 GOPINATHAN,
29 SUNDARADHAS,
30 MONI,
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31 KASTHURIBAI,
32 VINOKUMARI,
33 RAMAN, 34 KUNJAN,
35 THANKAMONI,
36 SARASWATHY,
37 VASANTHAKUMARI,
38 RAVI,
39 MURUGAN,
40 VIJAYAN,
41 LALITHA,
42 PADMINI,
43 SYLA,
44 VARGHEES, S/O.SILUVAIMUTHU, THEKKEY PERIYAVILAI VEEDU, THOTTAVARAM DESOM, KUNNATHOOR VILLAGE, VILAVANCODE TK, KANYAKUMARI DT.
45 THANISLAS,
46 GHABRIEL, PONNASAM (DIED)
47 KANAKARAJ,
48 SUNDARRAJ,
49 DEVARAJ,
50 THANKASWAMY, PANCHALI (DIED)
51 ANITHA,
52 GEETHA,
53 SINDHU,
54 NELSON,
55 SANTHAKUMARI,
56 VASANTHAKUMARI,
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57 RAVIKUMAR,
58 CHELLAMMA,
59 GIGIBAI,
60 RAMANIBAI,
61 RAMESHAN,
62 CHANDRIKA,
63 SUTHEESAN, 64 JEGATHEESAN, 65 NALINI, 66 RAJENDRA BABU,
67 MANUMOHAN @ ASOKAN, 68 LEELABAI, 69 RAJAM, 70 SAKUNTHALA, 71 NESAM, 72 DAVID JEYAKUMAR, 73 DAVID JEYARAJ, 74 DAVID JEYALAL, 75 IMMANUVEL, 76 SELVI, 77 LITTLE FLOWER, 78 GNANAROSEMARI, 79 BHAVANI, 80 SIVAKUMAR, https://hcservices.ecourts.gov.in/hcservices/ 81 JEYAKUMARI,
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82 JEYAPRATHA, ... 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 207 days in representing the CRP(MD) SR.No.16508 of 2018 and thus render justice.
PRAYER IN CRP(MD) No.SR16508 of 2018:-
To call for the records of the fair and decreetal order passed by the learned principal District Munsif, Kuzhithurai in E.A.No.180 of 2016 in E.P.No.110 of 2014 in O.S.No.336 of 1969 dated 29.11.2017.
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.B.CHRISTOPHER, Advocate for the petitioner, the court made the following order:-
This petition has been filed by the petitioners seeking to condone the delay of 207 days in representing the above Civil Revision Petition.
2.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.1,000/- (Rupees one thousand only) to the Legal Aid Service Authority, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.
3.This petition is accordingly ordered.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
THE PRINCIPAL DISTRICT MUNSIF, KUZITHURAI.
COPY TO:-
+1 CC to M/s.B.CHRISTOPHER, Advocate ( SR-10896[I] dated 03/07/2019 )
ORDER IN CMP(MD) No.3285 of 2019 IN
CRP(MD) No.SR16508 of 2018
Date :02/07/2019
msa AE/JC/SAR-II (09.07.2019) 6P 5C
2 issues framed by the court
Whether the delay of 207 days in filing the Civil Revision Petition should be condoned?
Whether the petitioners are entitled to pay costs to the Legal Aid Service Authority as a condition for condonation?
1 provisions across 1 enactments
Mary Stella Idapaul and others
Madhavan (Dead) and others
J. Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
