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Madras High CourtCMP(MD)/3690/2024allowed

P. Rajalingam (Died) 1.M.Dhanalakshmi v. M. Shanthi,

2024-03-15Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Fifteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in SA(MD)SR.No. 5320 of 2023 P. RAJALINGAM (DIED) 1.M.DHANALAKSHMI, 2 R.PRABHU 3 R.NITHAYANANTHAM 4 THILAGAVATHI 5 GANDHIMATHI 6 SUBA 7 LATHA ... PETITIONERS/APPELLANTS Vs M.SHANTHI, ... 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 1/4

the delay of 373 days in representing the above second appeal in S.A.(MD). SR.No.5320 of 2023.

PRAYER IN SA(MD)SR.No.5320 OF 2023:

Pleased to set aside the judgment and decree dated 01.08.2022 made in A.S.No. 37 of 2018 on the file of the Learned 2nd Additional District Court, Trichirappalli reversing the judgment and decree dated 30.01.2018 made in O.S.No. 645 of 2013 on the file of the Learned II Additional Subordinate Judge, Tiruchirapplli, and allow 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 arguments of M/S. A.V.RAJASEKARAN, Advocate for the petitioner, the court made the following order:- This Petition is filed to condone the delay of 373 days in representing the Second Appeal before this Court.

2. Heard. 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.

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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/- 15/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA TO THE II ADDITIONAL DISTRICT JUDGE, TRICHIRAPPALLI. THE II ADDITIONAL SUBORDINATE JUDGE, TRICHIRAPPALLI. COPY TO THE SUB ASSISTANT REGISTAR AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

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

ORDER

IN in SA(MD)SR.No. 5320 of 2023 Date :15/03/2024 PKP/GS/SAR /20.03.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4