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Madras High CourtCMP(MD)/2157/2021allowed

Chinnammal v. Chinnakonari

2021-12-20Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twentieth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN C.M.P(MD)No.2157 of 2021 in S.A(MD)SR.No. 7797 of 2021 CHINNAMMAL ... PETITIONER/APPELLANT Vs 1 CHINNAKONARI 2 NATARAJAN 3 MUTHUMARI 4 SOLAIAMMAL 5 VALARMATHI 6 SANKARA AMMAL 7 SUBBULAKSHMI 8 RANI ... RESPONDENTS/ RESPONDENTS 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 354 days in filing the Second Appeal against judgment and decree 12.07.2019 passed in AS No.5 of 2016 on the file of the Additional District Sessions Court, Virudhunagar. PRAYER IN S.A(MD)SR.No. 7797 of 2021:

To set aside the Judgment and Decree dated 12.07.2019 made in A.S.No.5 of 2016 on the file of the Additional and Sessions District Court, Virudhunagar reversed against the Judgment and decree dated 05.12.2015 made in O.S.No.87 of 2012 on the file of the Subordinate Court, Aruppukottai and allow this Second Appeal. 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 MR.R.RAMADURAI, Advocate for the petitioner and of MR.A.SRINIVASAN, Advocate on behalf of the Respondents 1,3 and 4, the court made the following order:- This Petition has been filed seeking to condone the delay of 354 days in filing the above Second appeal.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the respondent has no objection in allowing this Petition.

4.In view of the same,this petition is ordered and the delay of 354 days in filing the above Second Appeal is condoned on condition that the Petitioner pays a sum of Rs.1000/-(Rupees One thousand only) as costs to the Government Higher Secondary School, Y. Othakadai, Madurai, bearing Account No.10968750674, towards costs, within a period of one week from the date of receipt of a copy of this order, failing which, this Petition shall stand automatically dismissed, without further reference to this Court. sd/- 20/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR.

2.THE SUBORDINATE JUDGE, ARUPPUKOTTAI.

COPY TO THE HEAD MASTER GOVERNMENT HIGHER SECONDARY SCHOOL, Y.OTHAKADAI, MADURAI.

ACCOUNT NO.10968750674

ORDER

IN C.M.P(MD)No.2157 of 2021 in S.A(MD)SR.No. 7797 of 2021 Date :20/12/2021 VB/VR/SAR-IV/23.12.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/