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Madras High CourtCMP(MD)/3069/2024allowed

A.Poothapandi v. S.Poothapandian @ Poothapandi

2024-03-05Honourable Mrs Justice S.Srimathy3 pages

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.71354 of 2022 A.POOTHAPANDI ... PETITIONER/APPELLANT Vs 1 S.POOTHAPANDIAN @ POOTHAPANDI 2 S.SUBBULAKSHMI 3 P.SATHIYASEELAN 4 LAKSHMI ... 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 351 days in representing the second appeal in SA(MD) SR.No.71354 of 2022 and thus render justice.

PRAYER IN SA(MD).SR.NO.71354/2022:

Pleased to set aside the judgment and decree passed in A.S.No.66 of 2019 dated 19-04-2022, on the file of the Sub-Court, Ambasamudram reversing the judgment and decree passed in O.S.No.291 of 2007 dated 24-06-2019 on the file of the Principal District Munsif Court, Ambasamudram.

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 1/3

arguments of N.VIGNESH, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- This Petition is filed to condone the delay of 351 days in representing the Second Appeal before this Court.

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.

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KSA TO 1 THE SUBORDINATE JUDGE, AMBASAMUDRAM.

2 THE PRINCIPAL DISTRICT MUNSIF, AMBASAMUDRAM.

COPY TO:

THE OFFICER INCHARGE, WOMEN ADVOCATES ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN SA(MD)SR.No.71354 of 2022 Date :05/03/2024 SA/VR/SAR. /08.03.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3