The Madurai Bench of the Madras High Court, a two-judge bench, condoned a delay of 149 days in filing a civil miscellaneous appeal. The court accepted proof of court fee payment and directed the registry to number and list the appeal.
Delay of 149 days in filing the civil miscellaneous appeal is condoned. Registry is directed to number the appeal and list it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD) No.7902 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Tuesday, the Twelfth day of September Two Thousand and Twenty Three
PRESENT
The Honble Dr.Justice ANITA SUMANTH and The Honble Mr.Justice R.VIJAYAKUMAR
CMP(MD) No.7902 of 2023 in CMA (MD) SR No.42179 of 2023
V. KRISHNAKUMAR ... Petitioner / Appellant
Vs
P.R.SUGANYA ... Respondent / Respondent
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 149 days in filing the above civil miscellaneous appeal in C.M.A.(MD).SR.No.42179 of 2023.
Prayer in CMA(MD) SR No.42179 of 2023:
To set aside the fair and decreetal order in HMOP No.146 of 2020 on the file of the Family Judge, Kanyakumari at Nagercoil, dated 29.10.2022, and allow this Civil Miscellaneous Appeal.
ORDER : This civil miscellaneous petition coming up for orders on this day, upon https://www.mhc.tn.gov.in/judis
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CMP(MD) No.7902 of 2023
perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.SELVAKUMARAN, Advocate for the petitioner, the court made the following order:-
(Order of the Court was made by DR.ANITA SUMANTH, J.)
A memo is filed by the learned counsel for the petitioner enclosing proof of receipt of D.D.No.894316 dated 11.09.2023 for a sum of Rs.3,00,000/- as directed by this Court on 25.08.2023. Delay of 149 days in filing the Civil Miscellaneous Appeal is condoned for the reasons set out in the accompanying miscellaneous petition.
2.Registry is directed to number the appeal, if it is otherwise in order and list the appeal in due course.
3.The respondent is granted liberty to seek payment of that amount, if she so
desires, which will be considered on its own merits.
sd/12/09/2023
/ TRUE COPY /
/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
TA
To
The Judge, Family Court, https://www.mhc.tn.gov.in/judis Kanyakumari at Nagercoil.
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CMP(MD) No.7902 of 2023
Copy to: 1.The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai. 2.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.
ORDER IN CMP(MD) No.7902 of 2023 in CMA (MD) SR No.42179 of 2023 Date :12/09/2023
ED/VRS/SAR- (19/09/2023) 3P / 4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether the delay of 149 days in filing the civil miscellaneous appeal should be condoned.
V. KRISHNAKUMAR
P.R.SUGANYA
ANITA SUMANTH
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
