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Madras High CourtCMP(MD)/1809/2024allowed without costs

Noorul Gudaya v. Murugandi

2024-02-15Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY IN SA(MD)SR.No.1769 of 2023 1 NOORUL GUDAYA 2 THAJIL MADINA ... PETITIONERS/APPELLANTS Vs MURUGANDI THROUGH HIS POWER AGENT PANCHAVARNAM ... RESPONDENT/RESPONDENT 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 375 days for representing the above said Second Appeal S.A.(MD) SR.No.1769 of 2023 before this Honourable Court. PRAYER IN SA(MD)SR.No.1769 of 2023:

Pleased to set-aside the Decree and Judgment of the case in A.S.No.61 of 2017 dated 07.07.2022, On the file of the Subordinate Court, Ramanathapuram by reversing the Decree and Judgment of the case in O.S.No.3 of 2012 dated 14.09.2017 on the file of the District Munsif Court, Ramanathapuram by allowing this Second Appeal.

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 1/3

arguments of M/S.D.BALAMURUGAPANDI, Advocate for the petitioner, the court made the following order:- This Petition is filed to condone the delay of 375 days in representing the Second Appeal before this Court.

2. Heard on either side and perused the materials available on record.

3. 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.

4. This petition is allowed on condition that the petitioners shall pay the cost of Rs.500/- (Rupees Five Hundred only) to the credit of Women Advocates Association, Madurai Bench of Madras High Court (Account No:6477041768, IFSC Code:- IDIB00H040, Indian Bank, High Court Branch, Madurai) for the purpose of maintaining Creche within a period of Four weeks from the date of receipt of a copy of this order.

5. On such payment being made, Registry is directed to number the appeal, if it is otherwise in order and list it for admission. sd/- 15/02/2024 / 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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KSA TO 1 THE SUBORDINATE JUDGE, RAMANATHAPURAM.

2 THE DISTRICT MUNSIF, RAMANATHAPURAM.

COPY TO:

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

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

3 THE OFFICER INCHARGE, WOMEN ADVOCATES ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN SA(MD)SR.No.1769 of 2023 Date :15/02/2024 SA/GS/SAR. /21.02.2024/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3