Chellamuthu Pandaram (Died) v. S.Kalyansundaram (Died)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Sixteenth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice R.MAHADEVAN CMP(MD) No.1626 of 2016 IN REV.APLC(MD) No.SR45296 of 2013 CHELLAMUTHU PANDARAM (DIED) ... Review Applicant/1st Respondent 1 PAULRAJ 2 CHELLAMUTHU 3 IRULAYEE AMMAL 4 PACKIAM 5 AMACHIYAR AMMAMUTHU PANDARAM (DIED) ... 2nd Respondent 6 MUTHUCHAMY 7 PALANI 8 THANGAMMAL 9 AMMACHIYAL 10 PARVATHI 11 MARIAMMAL 12 MURUGAN ... Petitioners/Review Petitioners Vs S.KALYANSUNDARAM (DIED) ... 1st Respondent/1st Respondents 1 S.KANAGASABAPATHY 2 U.SHANMUGASUNDARAM ... Respondents 1 and 2/ Respondents 2 and 3/ Appellants 2 & 3 3 GOMATHINAYAGAM 4 LAKSHMANAN 5 DHANUSKODI 6 GOMATHIAMMAL 7 UMAYAGURU ... Respondents No.3 to 7/ Respondents No.3 to 7/ Respondents No.
3 to 7/ 8 AMMACHIYAR 9 K.MUTHUKUTTI ... Respondents No.8 and 9/ Proposed Respondents No.8 and 9 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased Prayer in CMP(MD)No.1626 of 2016 in REV.APLC(MD)No.
To Condone the delay of 356 days in re-presenting the above Rev.Aplc(MD)SR.No.45296 of 2013. and thus render justice. Prayer in REV.APLC(MD)No.SR45296 of 2013:- Rev.Aplc(MD)SR.No.45296 of 2013 against the review judgment and decree passed by this Honourable Court in S.A.NO.1730 of 1998 dated 07.12.2011, dismiss the Second Appeal.
Prayer in S.A.NO.1730 of 1998:- Appeal against the Decree of the Additional Subordinate Judge, Srivilliputhur, dated 11.02.1998 in Appeal Suit No.51/1997 preferred against the decree of the Court of the Principal District Munsif, Srivilliputhur, dated 30.11.1994 in Original Suit No.183 of 1982.
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. A.SIVAJI, Advocate for the petitioner and the court made the following order:- This petition has been filed to condone the delay of 356 days in representing the above Review Application.
2. Considering the facts and circumstances of the case, this court deems it fit to condone the delay on terms. Accordingly, this petition is allowed on condition that the petitioners pay a sum of Rs.300/- (Rupees Three Hundred only) as cost, to the High Court Legal Services Committee, Madurai, within a period of one week from today, failing which this petition shall stand dismissed automatically.
sd/- 16/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL SUBORDINATE JUDGE, SRIVILLIPUTHUR. 2 THE PRINCIPAL DISTRICT MUNSIF, SRIVILLIPUTHUR. Copy to: The Officer In-Charge, Legal Services Committee, Madurai Bench of Madras High Court, Madurai.
CSL/GSV-AN/SAR-I/18.02.2016/2P/4C
ORDER
IN CMP(MD) No.1626 of 2016 IN
REV.APLC(MD) No.SR45296 of Date :16/02/2016