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Madras High CourtCMP(MD)/3508/2024allowed

Muthiah (Died) 1.Velayee v. A. Jeganathan

2024-03-13Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY IN SA(MD)SR.No. 25226 of 2022 MUTHIAH (DIED) 1.VELAYEE 2 CHELLAM, 3 KALIYAMMAL 4 NAGALINGAM, 5 CHELLAMMAL 6 SELVI, 7 RAVICHANDRAN ... PETITIONERS/APPELLANTS Vs 1 A. JEGANATHAN 2 XAVIER, 3 ARUL ... RESPONDENTS/RESPONDENTS 1/4

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 644 days in representing in SA(MD) SR No.25226 of 2022. PRAYER IN SA(MD)SR.No. 25226 of 2022:

Pleased to call for the records of the Judgment and decree in A.S.No. 3 of 2017 dated 20.11.2019 on the file of the Learned Subordinate Court, Devakottai confirming the Judgment and decree dated 02.11.2016 made in O.S.No. 73 of 2012 on the file of Learned District Munsif Court, Devakottai and set aside the same. 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.P.MUTHUSAMY, Advocate for the petitioner, the court made the following order:- This Petition is filed to condone the delay of 644 days in representing the Appeal before this Court.

2. Heard. 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 petitioners shall pay the cost of Rs.1,000/- (Rupees Thousand 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 the order.

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

sd/- 13/03/2024 / 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 DEVAKOTTAI.

THE DISTRICT MUNSIF DEVAKOTTAI.

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

+1 CC to M/s.P.MUTHUSAMY, Advocate ( SR-3123[I] dated 13/03/2024 )

ORDER

IN IN SA(MD)SR.No. 25226 of 2022 Date :13/03/2024 PKP/GS/SAR /19.03.2024/ 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4