Madras High CourtCMP(MD)/3735/2018allowed

Thanga Meera(Died) v. Palkisha Bivi

2018-11-09Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Ninth day of November Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CMP(MD) No.3735 of 2018 IN SA No.1618 of 1997 THANGA MEERA(DIED) 1 KAMARNISHA, 2 SHYLABHANU 3 JAHIR HUSSEIN 4 HAISAMMA ... PETITIONERS/3rd PARTY/PROPOSED APPELLANTS Vs 1 PALKISHA BIVI 2 PONNAMMAL 3 SITHIMMA ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 2834 days to file the restoration petition against the dismissal order in SA NO.1618 of 1997 dated 16.02.2010 and thus render justice.

PRAYER IN SA No.1618 of 1997 To prefer this Memorandum of Second Appeal against the Judgment and decree dated 30.10.1996 made in A.S.No. 65/93 on the file of Sub Court, Pudukottai, against Judgment and decree dated 21.04.1992 made in O.S.No. 63/91 on the file of District Munsif Court, Aranthangi ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.K.VAMANAN, Advocate for the petitioners and of MR.S.PRABHU, Advocate on behalf of the 2nd Respondent, the court made the following order:- This Civil Miscellaneous Petition has been filed to condone the delay of 2834 days to restore S.A.No. 1618 of 1997, which was dismissed for default on 18.02.2010.

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2. Heard both sides.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition and in the interest of justice, this petition is allowed on payment of Rs.5,000/- [Rupees Five thousand only] to the learned counsel appearing for the respondents within a period of one week from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically without further reference to this Court. sd/- 09/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE PUDUKOTTAI 2 THE DISTRICT MUNSIF ARANTHANGI

ORDER

IN CMP(MD) No.3735 of 2018 IN SA No.1618 of 1997 Date :09/11/2018 MSI/RR/SAR-II/20.11.2018-2P/3C https://hcservices.ecourts.gov.in/hcservices/