Jotheeswari v. C.R.Kamini

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

1. Jotheeswari

2. Palani .. Petitioners/Appellants Vs.

1. C.R.Kamini

2. Kamalavathy

3. Mathivel

4. Chinnammal

5. Santhi alias Parvathy

6. Baskaran

7. Uma

8. Baby

9. Vairavan 10.Sivakami 11.Minor Hariprasad 12.Minor Gowthami .. Respondents/Respondents [Minors 11 and 12 rep. by Court Guardian K.Vijayan] 1 / 4

Prayer in CMP.No.8567 of 2020: This petition has been filed under Order IV Rule 9(4) of AS Rules to condone the delay of 1693 days in representing the above first appeal.

Prayer in AS.SR.No.46727 of 2015: This Appeal Suit filed under Section 96 CPC read with Order 41 Rule 1 & 2 against the judgment and decree of the learned Principal District Judge of Krishnagiri, dated 09.03.2015 in O.S.No.38 of 2012.

For appellants : Mr.N.E.A.Dinesh For respondents for RR1, 5 to 10 : Mr.K.Narayanan

JUDGMENT

(The Judgment of the Court was delivered by S.VAIDYANATHAN, J) This Court, vide order dated 17.03.2023, allowed the miscellaneous petition on condition that the appellants should pay costs of Rs.5,000/- to Cancer Institute, Chennai, within a period of one week from the date of receipt of a copy of the order.

2 / 4

2. Today, it is represented that the conditional order dated 17.03.2023 has not been complied with. Hence, the miscellaneous petition stands dismissed. Consequently, the appeal suit is rejected at the S.R. stage itself. No costs.

(S.V.N.J.,) (R.K.M.J.,) 17.04.2023 Speaking Order: Yes / No pvs To

1. The Principal District Judge, Krishnagiri

2. The Section Officer, V.R.Section, High Court, Madras 3 / 4

S.VAIDYANATHAN , J and R.KALAIMATHI , J pvs 17.04.2023 4 / 4