Madras High CourtCMP(MD)/3838/2024allowed with costs

Padmavathi v. Chandrakanthan (Died) 1.M.Vengatesan

2024-03-22Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Second day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY IN SA(MD)SR.No. 62042 of 2022 PADMAVATHI ... PETITIONER/APPELLANT Vs CHANDRAKANTHAN (DIED) 1.M.VENGATESAN, 2 M.MAGESH 3 BHAVANI 4 R.SHANTHI 5 R.KAVITHA 6 AMARAVATHI 7 RAJESWARI ... 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 483 days in re-presenting the second appeal in S.A.(MD).SR.No.62042 of 2022.

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PRAYER IN SA(MD)SR.No. 62042 of 2022:

Pleased to set aside the judgment and decree passed in A.S.No. 2 of 2022 on the file of the Sub court, Aranthangi dated 30.06.2022 reversing the judgment and decree passed in O.S.No. 73 of 2014 dated 29.11.2021 on the file of District Munsif Court, Aranthangi, by allowing the 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.M.ANBARASAN, Advocate for M/S KBS LAW OFFICE, for the petitioner, the court made the following order:- This Petition is filed to condone the delay of 483 days in representing the Second Appeal before this Court.

2. Heard. Perused the materials available on record.

3. I have perused the affidavit filed in support of the petition. 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 District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State Bank of India, Periyakulam Branch), within a period of four weeks from the date of receipt of a copy of the order.

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5. On such payment being made, Registry is directed to number the appeal, if it is otherwise inorder.

sd/- 22/03/2024 / 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 SUBORDINATE JUDGE ARANTHANGI THE DISTRICT MUNSIF ARANTHANGI COPY TO THE SUB ASSISTANT REGISTRAR, 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 DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM

ORDER

IN IN SA(MD)SR.No. 62042 of 2022 Date :22/03/2024 PKP/GS/SAR /27.03.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4