Madras High CourtCMP(MD)/2952/2023allowed on condition

Gnanamuthan (Died), Thangamani v. Kumaraswamy Nadar (Died), P. Sivanthi

2023-07-05Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Fifth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN in SA(MD) No.719 of 2015 Gnanamuthan (Died) 1.Thangamani 2.Thangam 3.Ruseel Raj 4.Sivakumar 5.Sasikumar 6.Vasanthakumar 7.Lisy Bai ... Petitioners/Appellants Vs Kumaraswamy Nadar (Died)

1. P. Sivanthi 2 P. Emala 3 Kumaresan 4 Chellamma 5 Thompson 6 Sundaram 7 Ponnaiyan Parukutty Amma ( Died ) 8 Manohari Amma 9 Thangam 10 Sukumaran Nair 11 Prabakaran Nair 12 Gopalan Nair 1/4

13 Padmini@Baby 14 Mohanakumaran Nair 15 Manikandan Nair Sivankaran Nair ( Died) 16 N. Vijayakumar 17 N. Shiyamalakumari Amma 18 N. Rajakumar 19 N. Ajithakumari 20 N. Thangam 21 S. Kuttan (Died) 22 P. Radha 23 N. Ayyappan 24 N. Sekaran 25 N. Ravi 26 P. Srikumari 27 S. Neelakanda Pillai 28 S. Vasanthakumari 29 K. Jothi 30 K. Soufarnika ... Respondents/Respondents Prayer in CMP(MD). No.2952 of 2023 Petition filed under section 5 of Limitation Act To condone the dealy of 67 days in filing the petition to set aside the order passed by this Honourable Court in SA(MD).No. 719 of 2015 dated 02-11-2022 and thus render justice.

Prayer in SA(MD) No.719 of 2015 This Second Appeal filed under section 100 of the Civil Procedure code, against the Judgment and Decree dated 27/02/2015 made in A.S.No.114 of 2007 on the file of the II Additional Subordinate Judge, Nagercoil Camp Court, Kuzhithurai confirming the Judgment and Decree dated 20/03/2007 made in O.S.No.835 of 1990 on the file 2/4

of the II Additional District Munsif, Kuzhithurai ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.B.Christopher Advocate for the Petitioner this Court made the following order: The appeal is pending from the year 2015. When the appeal was listed on 02.11.2022, there was no representation for the petitioners/appellants. Therefore, the appeal was dismissed for default on 02.11.2022. Thereafter, the petitioners/appellants have not taken any effective step to restore and argue the appeal.

2. This petition is filed to condone the delay of 67 days in filing the petition to set aside the order passed by this Court in S.A(MD)No.719 of 2015 dated 02.11.2022.

3. Though, the reasons stated in the accompanying affidavit are not satisfactory, in order to give opportunity to the parties to prosecute the appeal on merits, the petition is allowed on condition that the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Registry to the credit of C.M.P.(MD) No.2952 of 2023 in S.A(MD)No.719 of 2015 on or before 18.07.2023, failing which, the petition shall stand automatically dismissed without any further reference to Court.

4. List the matter on 20.07.2023 'for reporting compliance'. Sd/- Assistant Registrar(CS-III) // True Copy // /07/2023 Sub Assistant Registrar(CS) TO 1.The II Additional Subordinate Judge, Nagercoil Camp Court, Kuzhithurai 2.The II Additional District Munsif, Kuzhithurai Copy to:

1.The Registrar (Judicial ) Madurai Bench of Madras High Court, Madurai.

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2.The Sub- Assistant Registrar A.E Section, Madurai Bench of Madras High Court,

3. The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai

4. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai + 1 cc to Mr. Mr.B.Christopher Advocate ( sr 10250/23 ) ORDER DATED : 05/07/2023 ==========================

ORDER

========================== in SA(MD)No.719 of 2015 Giving direction and etc.

as stated within.

KB(12.07.2023) 4P 8C 4/4