Nachiar Ammal (Died) v. T.Soundarajan,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eighteenth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) No.361 & 362 of 2018 IN AS(MD) No.SR30113 & SR30115 of 2016 CMP(MD) No.361 of 2018 :
NACHIAR AMMAL (DIED) K.THIRUVENGADAM (DIED) 1.K.DAMODHARAN 2 KANAGARETHINAM 3 T.LAKSHMI 4 S.KRISHNAKUMARI ... PETITIONERS/APPEALLANTS Vs 1 T.SOUNDARAJAN 2 T.NARAYANAN 3 D.PADMAVATHI 4 VALLIAMMAL ... RESPONDENTS/RESPONDENTS Prayer in CMP(MD).364/2018 in AS(MD) SR30113/2016: 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 386 days in representing the above AS(MD). SR.No.30113 of 2016.
Prayer in AS(MD) SR30113/2016:
To setaside the Judgement and Decree passed in O.S.No.68 of 2005 dated 09.02.2015 on the file of the First Additional District Judge(P.C.R), Tiruchirapalli, by allwoing the first Appeal. CMP(MD) No.362 of 2018 :
NACHIAR AMMAL (DIED) 1 KANAGARETHINAM 2 T.LAKSHMI
3 S.KRISHNAKUMARI 4 K.DAMODHARAN ... PETITIONERS/APPELLANTS Vs 1 T.SOUNDARAJAN 2 T.NARAYANAN 3 D.PADMAVATHI 4 VALLIAMMAL 5 JAYANTHI 6 R.SRIDEVI 7 SUBHASHINI 8 MANIMEKALAI 9 RAJA 10 G.THIRUVENGADAM 11 SARASWATHI 12 MALINI 13 SUTHA 14 G.PALANISAMY 15 S.PREMA 16 DHAVAMANI 17 RAJMOHAN 18 SETHURAMAN 19 NAGARETHINAM 20 KANDASAMY 21 VENKATACHALAM 22 SARAVANAN 23 AYYASAMY 24 SOTTAIKKAN 25 GANESAN 26 MOHANASELVAM 27 NACHIMUTHU 28 SHANMUGAM 29 CHENNIYAPPAN 30 MUTHUKRISHNAN 31 RAMESH 32 RAJENDRAN 33 MOORTHY 34 JOTHIVEL 35 PICHAIAMMAL 36 KRISHNAN 37 SAROJA 38 PREMA 39 KUPPURAJ 40 PAPAMMAL 41 CHINNAIYAN 42 RAMESH 43 THAVAMANI
44 LAKSHMI 45 KANDAN 46 KANNAN ... RESPONDENTS/RESPONDENTS (RESPONDENT 5 TO 46 STOOD EXPARTE BEFORE THE TRIAL COURT) Prayer in CMP(MD).362/ 2018 in AS(MD) SR30115/2016: To condone the delay of 386 days in representing the above AS(MD).SR.No.30115 of 2016.
Prayer in AS(MD) SR30115/2016:
To setaside the Judgement and Decree passed in O.S.No.67 of 2005 dated 09.02.2015 on the file of the First Additional District Judge(P.C.R), Tiruchirapalli, by allwoing the first 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.M.ASHOK KUMAR, Advocate for the petitioner in both the petitions, the court made the following order:- These petitions are filed to condone the delay of 386 days in representing the Appeal Suits in A.S.(MD)Nos.SR30113 & SR30115 of 2016.
2. Heard the learned counsel appearing for the petitioners.
3. Though the delay of 386 days in representing the above Appeal papers has not been properly explained in the affidavit filed in support of this petition, the learned counsel for the petitioners has convinced this Court and satisfactorily explained the delay.
4. Having regard to the facts and circumstances of this case, this Court is inclined to accept the explanation offered by the learned counsel for the petitioners, for the delay in representation. Hence, the petitions are allowed subject to the condition that the petitioners pay a sum of Rs.1,000/- (Rupees One Thousand only) on each petitions (totally Rs.2,000/-) towards costs to the Legal Services Authority, Madurai Bench of Madras High Court, Madurai, within a period of three weeks from the date of receipt of a copy of this order.
sd/- 18/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE FIRST ADDITIONAL DISTRICT JUDGE(P.C.R), TIRUCHIRAPALLI.
COPY TO :
THE OFFICER INCHARGE, LEGAL AID SERVICES AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.361 & 362 of 2018 IN AS(MD) No.SR30113 & SR30115 of 2016 Date :18/01/2018 PK/CM-VR/SAR-1/23.01.2018 : 4P/3C