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Madras High CourtCMP(MD)/4055/2024allowed

Palavesam, v. Subbiah Karaiyalar,

2024-03-21Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in SA(MD)SR.No.29212 of 2022 PALAVESAM, ... PETITIONER/APPELLANT Vs SUBBIAH KARAIYALAR, ... RESPONDENT/RESPONDENT 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 626 days for representing SA SR No.29212 of 2022 preferred against the Decree and Judgment in AS No.20/2019 passed by Sub Court, Ambasamudhraram dated 30.09.2021 confirming the Decree and Judgment in OS No.305/2012 passed by Principal District, Ambasamudharam dated 22.11.2018. PRAYER in SA(MD)SR.No.29212 of 2022:

To call for the records relating to the against the Decree and Judgment in A.S.NO.20/2019 passed by Sub Court, Ambasamudhram dated 30.09.2021 reversing the Decree and Judgment in O.S.No.305/2012 dated 22.11.2018 and set aside the same and allow 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.K.P.NARAYANAKUMAR, Advocate for the petitioner, the Court made the following order:- 1/3

This Petition is filed to condone the delay of 626 days in representing the Second 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 petitioner 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 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/- 21/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA 2/3

TO THE SUBORDINATE JUDGE, AMBASAMUDHRAM.

COPY TO:

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

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.

ORDER

IN in SA(MD)SR.No.29212 of 2022 Date :21/03/2024 SS/JGB/SAR- /27/03/2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3