Madras High CourtCMP(MD)/2548/2024allowed with costs

Sivakami v. S.Govindammal

2024-03-22Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Second day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI CMP(MD).No.2548 of 2024 in CMP(MD)SR.No.18679 of 2019 in SA.No.854 of 2000 1.SIVAKAMI 2.MURUGAN 3.MINOR RAGHUPATHY ... PETITIONERS/PETITIONERS/ APPELLANTS (MINOR APPELLANT REP.BY HIS MOTHER AND NATURAL GUARDIAN THE 1ST APPELLANT SIVAKAMI) Vs 1 S.GOVINDAMMAL 2 MAGAMAYEE AMMAL ... RESPONDENTS/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 995 days in representation the restore petition in CMP(MD) Sr.No. 18679 in SA.No.854 of 2000 and take the Restore Petition on file and decide the matter on merits and thus render justice.

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PRAYER IN CMP(MD)SR.No.18679 of 2019 To restore the Second Appeal in SA No.854 of 2000 which was dismissed on 29.03.2019. Hence this Hon'ble Court has to restore the above the Second Appeal on file and decide the matter on merits.

PRAYER IN SA.No.854 of 2000 Second Appeal is filed under Section 100 of the code of Civil Procedure, against the decree and judgment made in A.S.No.224 of 1995, dated 28.10.1997, on the file of the learned Additional Sub Court, Srivilliputtur, reversing the decree and judgment made in O.S.No.386 of 1992, dated 22.08.1995, on the file of the learned District Munsif Court, Sattur.

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.K.MUTHU GANESA PANDIAN, Advocate for the petitioners, the court made the following order:- This petition has been filed to condone the delay of 995 days in representing the restoration petition in CMP(MD)SR.No.18679 of 2019 in the above appeal.

2. Heard the learned counsel for the petitioners and perused the materials available on record.

3. Considering the reasons stated in the affidavit filed in support of this petition and also considering the inordinate delay, this Court is inclined to allow this petition on payment of cost.

4. Accordingly this petition is allowed on condition that the petitioner shall pay a sum of Rs.2,000/- (Rupees Two Thousand only) as cost to the credit of the District 2/4

Siddha Medical Officer, A/c.No.10767823177, IFSC Code No.SBI, 0000898, MICR Code No. 625002601, Branch: State Bank of India, Periyakulam, within 10 days from today, failing which this petition shall stand dismissed automatically without any further reference to this Court. If the amount is being made within the prescribed time, the Registry is directed to number the restore petition. sd/- / /2023 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO 1.THE ADDITIONAL SUBORDINATE JUDGE, SRIVILLIPUTTUR, 2.THE DISTRICT MUNSIF, SATTUR.

COPY TO 1.THE SUB ASSISTANT REGISTRAR(AE) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

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3. THE DISTRICT SIDDHA MEDICAL OFFICER, PERIYAKULAM.

ORDER

IN CMP(MD)SR.No.18679 of 2019 SA.No.854 of 2000 Date :22/03/2024 RK/VR (03/04/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4