In a civil application for condonation of delay, the Hon'ble Madras High Court allowed the petitioner to represent a second appeal after 392 days delay, subject to the payment of Rs.1000 hostel fee to the Advocate Clerks Association within one week.
Petition allowed subject to deposit of Rs.1000 hostel fee to the Advocates' Association within one week.
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CMP(MD) No.4847 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Eighteenth day of April Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice ABDUL QUDDHOSE
CMP(MD) No.4847 of 2023 in SA(MD) SR.No.61985 of 2019
A.RAJESWARI ... PETITIONER/APPELLANT
Vs
1 MURUGA THEVAR
2 REKHA
3 SUBHA ... RESPONDENTS/RESPONDENTS
Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 392 days in representing the second appeal in S.A.(MD).SR.No.61985/2019.
PRAYER IN SA(MD)SR.No.61985/2019 :
To set-aside the judgments and decree dated 20.11.2018 passed in A.S.No.26/2015 on the file of Fast Track Mahila court, Dindigul and confirming the judgment and decree dated 13.02.2015 passed in O.S.No.275/2010 on the file of the Principal Subordinate Judge, Dindigul.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.MURALEEDHARAN, Advocate for the petitioner, the court made the following order:-
This petition is filed to condone the delay of 392 days in representing the Second Appeal.
2. Since it is an inordinate delay, the petitioner must be put on terms for allowing this application. Accordingly this petition is allowed as prayed for subject to the condition that the petitioner deposits a sum of Rs.1000/- (Rupees one thousand only) to the account of Madurai Bench of Madras High Court Advocate Clerks Association within a period of one week from the date of receipt of a copy of this order.
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CMP(MD) No.4847 of 2023
3. The Registry shall number the Second Appeal subject to the fulfillment of the above mentioned condition by the petitioner if it is otherwise in order and list the same for admission once it is numbered.
sd/-
18/04/2023 / TRUE COPY /
/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
CM
TO
1 THE FAST TRACK MAHILA JUDGE, DINDIGUL.
2 THE PRINCIPAL SUBORDINATE JUDGE, DINDIGUL.
COPY TO
1 THE OFFICER INCHARGE, ADVOCATE CLERKS ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2 THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CMP(MD) No.4847 of 2023 in SA(MD) SR.No.61985 of 2019 Date :18/04/2023
RS/CG/SAR-3(26.04.2023) 2P 5C
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2 issues framed by the court
Whether delay of 392 days in filing representation of second appeal is condonable on payment of hostel fee.
Whether appellant can be allowed to condone delay in representing second appeal before second appellate court.
A.RAJESWARI
MURUGA THEVAR
REKHA
SUBHA
ABDUL QUDDHOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
