R.Poongodi v. Kamayee (Died) Ramayee (Died) 1.Dhandapani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of June Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE G. ARUL MURUGAN C.M.P.(MD)No.4124 of 2025 in S.A(MD)No.SR96665 of 2024 1 R.POONGODI 2 V.DHANDAPANI ... APPELLANTS / RESPONDENTS 1 & 2 / PLAINTIFFS Vs KAMAYEE (DIED) RAMAYEE (DIED) 1.DHANDAPANI 2 BOMMURAJ 3 SAKTHIVEL 4 KRISHNAN 5 AMBIKA ALIAS MACHAMMAL 6 CHINNAMMAL ... RESPONDENTS 1 - 6 / APPELLANTS / DEFENDANTS 5- 12 7 STATE OF TAMILNADU REPRESENTED BY DISTRICT COLLECTOR, KARUR, 8 SUB REGISTRAR, SUB REGISTRAR OFFICE, VELLIYANAI, KARUR.

... RESPONDENTS 7 & 8 / RESPONDENTS 3 & 4/ DEFENDANTS 1 & 2 1/4

9 MUNUSAMY ... 9TH RESPONDENT / 5TH RESPONDENT / 3RD DEFENDANT SIVAKUMAR (DIED) KALI NAICKER (DIED) 10 LAKSHMI ... 10TH RESPONDENT / 8TH RESPONDENT / 14th RESPONDENT 11 KALAVATHI 12 KISHORE 13 PREETHI ... RESPONDENTS 11 -13 / RESPONDENTS 9 -11 /.... For Petitioner :

Mr.S.Kadarkarai, Advocate For Respondent :

Mr.S.Gokul Raj, Advocate for R1 to R6 & R9 Mr.R.Saravanan, Additional Government Pleader for R7 & R8

ORDER

The present Civil Miscellaneous Petition has been filed to condone the delay of 208 days in filing the above appeal.

2.This Court, by order, dated 18.03.2025, issued notice to the respondents and a learned Counsel had entered appearance on behalf of the respondents 1 to 6 and the other respondents have been served and their names have also been printed in the cause list.

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3.Heard the learned Counsel for the petitioner and the learned Counsel for the respondents 1 to 6 and perused the affidavit filed in support of this petition. The delay in filing the above appeal has been explained by the petitioner in paragraph No.8 of the affidavit filed in support of this petition. 4.Considering the fact that there is a delay of 208 days in filing the above appeal, in the considered opinion of this Court, the delay can be condoned by putting the petitioner on terms.

5.Accordingly, the delay in filing the above appeal is condoned and the Civil Miscellaneous Petition is allowed on condition that the petitioner shall pay a sum of Rs.3000/- to the credit of Legal Services Committee attached to this Bench within two weeks from today failing which, the Civil Miscellaneous Petition shall stand automatically dismissed. Registry is directed to number the Second Appeal, if it is otherwise in order.

sd/- 20/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO COPY TO:

THE OFFICER INCHARGE, HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN C.M.P.(MD)No.4124 of 2025 in S.A(MD)No.SR96665 of 2024 Date :20/06/2025 MK/25.06.2025 4P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4