Sailappan v. Shanmugathai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Fifth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in SA(MD) SR.No.23108 of 2023 SAILAPPAN ... PETITIONER/APPELLANT Vs 1 SHANMUGATHAI 2 GANESHAN 3 THANGARAJ ... RESPONDENTS/RESPONDENTS 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 315 days in representing SA(MD) SR.No.23108 of 2023. Prayer in SA(MD)SR.No.23108 of 2023 :

To set aside the Judgment and Decree dated 23.12.2022 in A.S.No.54 of 2017 on the file of the Learned Sub Court, Ambasamuthiram confirming the Judgment and Decree dated 17.11.2017 in O.S.No.9 of 2014 on the file of the Learned Principal District Munsif Court, Ambasamuthiram by allowing the present 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 MR.R.PONKARTHIKEYAN, Advocate for the petitioner, the court made the following order:- This Petition is filed to condone the delay of 315 days in representing the Second Appeal before this Court.

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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 petitioner 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/- 05/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA TO 1 THE PRINCIPAL DISTRICT MUNSIF, AMBASAMUTHIRAM.

2 THE SUBORDINATE JUDGE, AMBASAMUTHIRAM.

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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.23108 of 2023 Date :05/03/2024 RS/VR/SAR-(11.03.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3