Perumal Nadar v. Pitchiya Nadar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Seventh day of March Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.1102 of 2019 IN SA(MD) No.SR6231 of 2018 1 PERUMAL NADAR KURUVAMMAL (DIED) 2 ROOBI VINSTAN 3 MURUGESAN 4 ASHOK KUMAR 5 RAVIKUMAR 6 NARAYANAN 7 NAINAR 8 NARAYANAN 9 UTHAYAKUMAR 10 KANNAN 11 SOOSAIMANICKAM 12 THIAGARAJAN 13 M.SUBRAMANIAN ... PETITIONERS/APPELLANTS Vs 1 PITCHIYA NADAR SANKARALINGA NADAR (DIED) 2 RAMAGIRI NADAR 3 SAROJA CHIDAMBARA NADAR (DIED) 4 PERUMAL 5 VIJAYAAMMAL 6 NARAYANAN LAKSHMI AMMAL (DIED) 7 CHELLADURAI 8 PERUMALAATHAL 9 PONNAMMAL 10 CHENDU AMMAL 11 ANNAKILIL 12 SAMUEL 13 MURUGAN

14 M.KODIVELRAJ 15 M.SUCILA 16 PITCHAI VADIVU 17 KAVITHA 18 LAKSHMI ... RESPONDENTS/RESPONDENTS 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 153 days in representing the papers in the above Second Appeal PRAYER IN SA(MD)No.SR6231/2018:

To set aside the Judgment and Decree passed in A.S.No.65/2011 (on the file of the Principal District Court, Tirunelveli, dated 10.08.2017 by confirming the Judgment and Decree passed in O.S.No.143/2010 on the file of the Principal Subordinate Judge's Court, Tirunelveli, dated 18.09.2010, by allowing the Second Appeal.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.KADARKARAI, Advocate for the petitioner, the court made the following order:- Heard.

2.This petition has been filed by the petitioners seeking to condone the delay of 153 days in representing the above appeal. 3.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay subject to the payment of cost of Rs.500/-.(Rupees five hundred only) to the Legal Aid Services Committee, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.

4.This petition is accordingly ordered.

5.In the event of payment of cost, the Registry is directed to number the appeal if it is otherwise in order and list the same "for admission" forthwith.

sd/- 07/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI 2 THE PRINCIPAL SUBORDINATE JUDGE, TIRUNELVELI COPY TO : THE OFFICER INCHARGE, LEGAL AID SERVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO : THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.S.KADARKARAI, Advocate SR.No.4497

ORDER

IN CMP(MD) No.1102 of 2019 IN SA(MD) No.SR6231 of 2018 Date :07/03/2019 gcg PK/PN/SAR-4/12.03.2019 : 3P/6C