Karuppaih v. Pazhaniammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Tuesday, the Eighth day of March Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE S.S.SUNDAR CMP.No.3442 of 2022 IN SA.SR.No.5866 of 2020 1 KARUPPAIH [ PETITIONERS ] S/O.AYYASAMY 2 SAMIDURAI S/O.AYYASAMY, BOTH RESIDING AT KEEZHAKURICHI VILLAGE, NOW VEPPUR TALUK.

Vs 1 PAZHANIAMMAL [ RESPONDENTS ] W/O.PERIYASAMY UDAYAR, D/O.SOKKALINGAM, RESIDING AT KEEZHAKURICHI VILLAGE, NOW VEPPUR TALUK, REP. BY POWER AGENT RAMALINGAM(2ND RESPONDENT) 2 RAMALINGAM S/O.SOKKALINGAM RESIDING AT KEEHAKURICHI VILLAGE, NOW VEPPUR TALUK.

3 PAZHANIVEL S/O.AYYASAMY 4 MENNAKSHI S/O.AYYASAMY, 3 AND 4 RESIDING AT KEEZHAKURICHI VILLAGE, NOW VEPPUR TALUK.

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 654 days in representation in the aforesaid Second Appeal (CMP.No.3442 of 2022).

Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.B.N.SIVAGAMA SUNDARI, Advocate for the Petitioners, the court made the following order:- The present miscellaneous petition is filed to condone the delay of 654 days in representing the Second Appeal. 2.This Court heard the learned counsel for the petitioners and perused the affidavit filed in support of this miscellaneous petition. 3.Though the petitioners have given sufficient reasons for the delay in representing the Second Appeal, this Court is of the view that the delay could have been avoided if the petitioners have shown due diligence.

4.Hence, this Court is inclined to allow this petition on terms. 5.Accordingly, the Civil Miscellaneous Petition is ordered and the delay of 654 days in representing he Second Appeal is condoned subject to the condition to the petitioners shall jointly pay a sum of Rs.2,000/- [Rupees Two Thousand only] to the Tamil Nadu State Legal Services Authority, High Court, Madras within a period of two weeks from the date of receipt of a copy of this order. -sd/- 08/03/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE 1ST ADDITIONAL DISTRICT MUNSIF, VRIDHACHALAM.

2 THE PRINCIPAL SUBORDINATE JUDGE, VRIDHACHALAM.

COPY TO THE SECRETARY, TAMIL NADU STATE LEGAL SERVICES AUTHORITY, HIGH COURT, MADRAS.

Order in CMP.No.3442 of 2022 IN SA.SR.No.5866 of 2020 Date :08/03/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format TP(10/03/2022)