Madras High CourtCMP(MD)/2332/2023ordered

Sathasivam v. Ramalakshmi

2023-02-27Honourable Mr Justice Sunder Mohan2 pages

CMP(MD) No.2332 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Seventh day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice SUNDER MOHAN CMP(MD) No.2332 of 2023 in SA(MD)SR.No.66426 of 2021 SATHASIVAM REPRESENTED THROUGH HIS POWER AGENT K.SANKAR GANESH ... PETITIONER/APPELLANT Vs 1 RAMALAKSHMI 2 ANANTHI 3 MUNEESWARI 4 BALAMURUGAN 5 DURAI 6 VENKATESAN 7 ARUMUGAKANI 8 MUTHUKANI 9 V.SUBRAMANIAN 10 D.SIVAMURUGAN ... 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 404 days in representing the above second appeal in SA(MD).SR.No. 66426 of 2021.

PRAYER IN SA(MD)SR.No.66426 of 2021:

To set aside the Judgment and Decree dated 29.08.2019 passed in A.S.No. 45 of 2018 on the file of the Principal District Court, Thoothukudi, confirming the judgment and decree dated 03.09.2018 passed in O.S.No. 119 of 2012 on the file of the Sub Court, Thoothukudi and allow the present Second Appeal. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.2332 of 2023 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 R.V.RAJKUMAR, Advocate for the petitioner, the court made the following order:- This petition is filed to condone the delay of 404 days in re-presenting the Second Appeal.

2. Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay is condoned. However, in view of the enormous delay, this Court deems it fit to impose a cost of Rs.2000/- (Rupees Two Thousand only) payable to the Honourable Chief Justice Relief Fund, within a period of two (2) weeks from the date of receipt of a copy of this order. The Civil Miscellaneous Petition is ordered on the said terms. sd/- 27/02/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LM TO 1 THE PRINCIPAL DISTRICT JUDGE, THOOTHUKUDI.

2 THE SUBORDINATE JUDGE THOOTHUKUDI.

COPY TO THE SECTION OFFICER ACCOUNTS SECTION (CHIEF JUSTICE RELIEF FUND) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.2332 of 2023 in SA(MD)SR.No.66426 of 2021 Date :27/02/2023 PKP/RR/SAR-2/(07.03.2023)/ 2P/4C https://www.mhc.tn.gov.in/judis 2/2