M.Sasikumar v. P.Suresh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CMP(MD) Nos.2872 and 2873 of 2024 in CMA(MD) SR Nos.13678 and 13679 of 2024 M.SASIKUMAR ... Petitioner / Appellant in both petitions Vs 1 P.SURESH 2 S.KAVITHA ... Respondents / Respondents in both petitions Prayer in CMP(MD). 2872/ 2024 :

To condone the delay of 261 days in filing the civil miscellaneous appeal against the order dated 18-03-2023 made in G.O.P.No.78 of 2020 on the file of the Family Court, Thanjavur.

Prayer in CMA(MD) SR No.13678 of 2024:

To call for the records and set aside the judgment and decretal order dated 18.03.2023 passed in G.O.P.No.78 of 2020 on the file of the Family Court, Thanjavur, allow the above civil miscellaneous appeal.

Prayer in CMP(MD). 2873/ 2024 :

To condone the delay of 261 days in filing the civil miscellaneous appeal against the order dated 18-03-2023 made in G.O.P.No.204 of 2021 on the file of the Family Court, Thanjavur.

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Prayer in CMA(MD) SR No.13679 of 2024:

To call for the records and set aside the judgment and decretal order dated 18.03.2023 passed in G.O.P.No.204 of 2021 on the file of the Family Court, Thanjavur, allow the above civil miscellaneous appeal. ORDER : These civil miscellaneous petitions 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.N.RAMANATHAN, Advocate for the petitioner in both petitions and of Mr.K.M.KARUNAKARAN, Advocate on behalf of the Respondents in both petitions, the Court made the following order:- (Order of the Court was made by V.BHAVANI SUBBAROYAN,J) These Petitions are filed to condone the delay of 261 days in filing the Civil Miscellaneous Appeals.

2.Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the respondent.

3. For the reasons stated in the accompanying affidavits filed in support of these Petitions and on being satisfied with the same, the delay of 261 days in filing the appeals are condoned and these petitions are allowed on condition that the Petitioner shall pay a sum of Rs.500/- each (Rupees Five Hundred only) towards costs to the Madras High Court Madurai Bench Advocate Clerk's Welfare Association, Madurai in Account No.496039124, High Court, Madurai Bench within a period of one week from the date of receipt of a copy of this order and on deposit of the same, the petitions shall stand allowed, failing which, the Petitions shall 2/4

stand automatically dismissed without further reference to this Court.

4. Registry is directed to number the appeals, if it is otherwise in order. sd/- 13/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

AM To The Judge, Family Court, Thanjavur.

Copy to:

1.The Sub Assistant Registrar, AE 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, Madras High Court Madurai Bench Advocate Clerks' Welfare Association, Madurai.

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ORDER

IN CMP(MD) Nos.2872 and 2873 of 2024 in CMA(MD) SR Nos.13678 and 13679 of 2024 Date :13/03/2024 RS / GS /SAR- (26/03/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4