Deviasigamani (Died) v. Sundaramoorthy (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Sixteenth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI in SA(MD) SR.No.14358 of 2020 DEIVASIGAMANI (DIED) 1 MALARVIZHI 2 DEVAPRABHANAND 3 SANTHOSH DEVBABU 4 ELADEV PRAKASH 5 GOPINATH 6 PATHABOJA ... PETITIONERS/APPELLANTS Vs SUNDARAMOORTHY (DIED) 1 AGNIPUTHRAN 2 MANIMEKALAI, 3 PUNITHA 4 RAMESH 5 JEGAN 6 MALA ... 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 257 days in filing the above Second Appeal in S.A.(MD).SR.No.14358 of 2020 before this Hon`ble Court.

Prayer in SA(MD) SR.No.14358 of 2020 :

To set aside the Judgment and Decree dated 22.03.2019 passed in A.S.No.14 of 2007 on the file of the Principal Subordinate Court, Kumbakonam, confirming the Judgment and Decree dated 27.02.2006 passed in O.S.No.277 of 2002 on the file of I Additional District Munsif Court, Kumbakonam, and allow the Second Appeal. 1/3

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 M/S.K.GOKUL, Advocate for the petitioner and of MR.SAMUEL GUNASINGH, Advocate on behalf of the Respondent, the court made the following order:- This Civil Miscellaneous Petition is filed to condone the delay of 257 days in filing the second appeal in SA(MD) SR No.14358 of 2020. 2.The learned counsel for the respondents has raised strong objection that there is a huge delay and the same was also not properly explained. 3.In view of the above, this Civil Miscellaneous Petition is allowed on a condition that the petitioners are directed to pay a sum of Rs.2000/-(Rupees Two Thousand) to the respondents, within a period of four weeks. 4.Registry is directed to number the second appeal, on production of proof of payment to the respondents.

sd/- 16/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

vrn TO 1 THE PRINCIPAL SUBORDINATE JUDGE, KUMBAKONAM. 2 THE I ADDITIONAL DISTRICT MUNSIF, KUMBAKONAM. 2/3

ORDER

IN in SA(MD) SR.No.14358 of 2020 Date :16/08/2024 RS/JGB/SAR-(23.08.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3