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Madras High CourtCMP(MD)/1343/2024allowed

K.Esakki, v. A.Venkatesaraman

2024-02-08Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Eighth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in SA(MD) SR.No.70923 of 2022 K.ESAKKI ... PETITIONER/APPELLANT Vs 1 A.VENKATESARAMAN 2 NASSERBAI 3 M.A.SEHANA 4 J.DOWLATH 5 C.DEVI 6 G.SHANMUGAVEL 7 S.SHYAMALA DEVI 8 C.BALAKRISHNAN 9 CHINNA PARAMASIVAN ... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 405 days in representing the above Second Appeal in SA.SR.No.70923 of 2023.

Prayer in SA(MD) SR.No.70923 of 2022 :

To set aside the judgment and decree dated 06.06.2022 passed in A.S.No.77 of 2018 on the file of Learned Principal Sub-Court, Tirunelveli confirming the judgment and decree dated 14.06.2018 passed in O.S.No.623 of 2010 on the file of Learned Additional District Munsif, Tirunelveli.

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ORDER : This Civil Miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.P.SENTHIL, Advocate for the petitioner, the court made the following order:- This Petition is filed to condone the delay of 405 days in representing the Second Appeal before this Court.

2. I have perused the affidavit filed in support of the petition. Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost.

3. This petition is allowed on condition that the petitioner shall pay the cost of Rs.500/- (Rupees Five Hundred only) to the credit of District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State Bank of India, Periyakulam Branch) within a period of one week from the date of receipt of a copy of this order.

4. On such payment being made, Registry is directed to number the appeal, if it is otherwise in order and list it for admission. sd/- 08/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE PRINCIPAL SUBORDINATE JUDGE, TIRUNELVELI. 2 THE ADDITIONAL DISTRICT MUNSIF, TIRUNELVELI. COPY TO 1 THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM, THENI DISTRICT.

2 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN in SA(MD) SR.No.70923 of 2022 Date :08/02/2024 RS/JGB/SAR-(12.02.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3