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Madras High CourtCMP/5129/2024ordered

Muniamma (Died) 1. Ellamma v. Kaveriappa (Died) 1. Muni Ellappa

2025-02-28Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-02-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI AND SA SR NO. 159939 OF 2023 Muniamma (died) 1. Ellamma W/o.Kaveriappa, res at Thotagiri Village, Avalapalli Post, Hosur Taluk Appellant(s) Vs Kaveriappa (died) 1. Muni Ellappa S/o.Venkatappa, res at Thotagiri Village, District Pappaiah (Died) Respondent(s) SA SR No. 159939 of 2023 MUNIAMMA Appellant(s) Vs Muni Ellappa Respondent(s) For Appellant(s):

K.Sukumaran For Respondent(s):

P.Subba Reddy

ORDER

This petition has been filed to condone the delay in preferring the above second appeal against the judgement and decree in A.S No. 8 of 2004 dated 29.10.2020 on the file of the Principal District Judge Krishnagiri.

2. The learned counsel for the petitioner submits that due to lack of communication between the petitioner and his counsel the petitioner was not able to file the appeal on time. Hence, he filed this petition to condone the delay of 94 days in preferring the second appeal.

3. The learned counsel for the respondents raised objection to allow this petition.

4. Considering the facts and circumstances, the reason assigned by the petitioner is justifiable one. Accordingly, this Court is inclined to allow this petition on the condition that the petitioner shall pay a cost of Rs.2,000/- to the respondents counsel within a period of two weeks from the date of receipt of a copy of this order. Registry is directed to number the Second Appeal if it is otherwise found to be in order and post the matter on

21.03.2025.

28-02-2025 pbl To 1.Kaveriappa (died) 1. Muni Ellappa S/o.Venkatappa, res at Thotagiri Village, District Pappaiah (Died) 2.ELLAMMA W/o.Pappaiah, res at Thotagiri Village, District 3.VENKATAMMA res at Thotagiri Village, Avalapalli Post, Hosur Taluk, Krishnagiri District 4.VENKATAMMA res at Thotagiri Village, Avalapalli Post, Hosur Taluk, Krishnagiri District 5.M.Rajappa res at Thotagiri Village, Avalapalli Post, Hosur Taluk, Krishnagiri District 6.MUNIRATHNAM res at Thotagiri Village, Avalapalli Post, Hosur Taluk, Krishnagiri District 7.RAJAPPA res at Thotagiri Village, Avalapalli Post, Hosur Taluk, Krishnagiri District

8.VENKATESAN res at Thotagiri Village, Avalapalli Post, Hosur Taluk, Krishnagiri District 9.MANJUNATH res at Thotagiri Village, Avalapalli Post, Hosur Taluk, Krishnagiri District 10.KANTHARAJ res at Thotagiri Village, Avalapalli Post, Hosur Taluk, Krishnagiri District 11.SHAILA res at Thotagiri Village, Avalapalli Post, Hosur Taluk, Krishnagiri District 12.MUNIAMMA W/o.Venkatappa, res at Thotagiri Village, District (The Respondents 2 to 12 were recognized as a legal heirs of the 1st Defendant Pappaiah in OS No.36/1998 Impleaded in the appeal in IA No.1/2019 in AS No.8/2004) SA SR No. 159939 of 2023 To 1.Muni Ellappa Index:Yes/No Speaking/Non-speaking order Internet:Yes T.V.THAMILSELVI J.

pbl AND SA SR NO. 159939 OF 2023 28-02-2025