Unnamalai v. Subbulakshmi

CMP(MD) No.2320 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Fourth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice SUNDER MOHAN CMP(MD) No.2320 of 2023 IN SA(MD) SR.No.22442 of 2021 1 UNNAMALAI 2 CHINNATHAI @ LAKKAMMAL(DIED) 3 SARAVANAPERUMAL 4 PARAMESHWARI ... PETITIONERS/APPELLANTS Vs SUBBULAKSHMI ... RESPONDENT/RESPONDENT (*)(CAUSE TITLE IS ACCEPTED VIDE COURT ORDER DATED 27.01.2023 MADE IN CMP(MD)No.847/2023 in SA(MD) SR.No.22442/2021 BY BPJ) 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 315 days in representing the second appeal SA(MD) SR No.22442 of 2021.

Prayer in SA(MD) SR.No.22442 of 2021 :

To allow the appeal by setting aside the judgment and Decree passed in A.S.No.85 of 2016 on the file of the Additional District and Sessions Court (Fast Track Court), Tenkasi dated 31.01.2020 Partly Allowing the judgement and decree in O.S.No.30 of 2006 on the file of the Principal Sub Court, Tenkasi dated 13.07.2016. ORDER : This 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.V.PERUMAL, Advocate for the petitioner, the court made the following order:- This petition is filed to condone the delay of 315 days in re-presenting the Second Appeal.

2.Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay is condoned. However, in view of the enormous delay, this Court deems it fit to impose a https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.2320 of 2023 cost of Rs.1000/- (Rupees One Thousand only) payable to the Honourable Chief Justice Relief Fund, within a period of two (2) weeks from the date of receipt of a copy of this order. The Civil Miscellaneous Petition is ordered on the said terms. sd/- 24/02/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

lm TO 1 THE ADDITIONAL DISTRICT AND SESSIONS COURT (FAST TRACK COURT), TENKASI.

2 THE PRINCIPAL SUBORDINATE JUDGE, TENKASI.

COPY TO 1 THE REGISTRAR (ADMINISTRATION), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.2320 of 2023 IN SA(MD) SR.No.22442 of 2021 Date :24/02/2023 RS/SBN/SAR-4(06.03.2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2