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Madras High CourtCMP(MD)/4029/2025allowed

K.S.Paramasivan Pillai (Died) v. K.Jayalakshmi

2025-06-10Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Tenth day of June Two Thousand and Twenty Five PRESENT THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR in SA(MD).No.557 of 2006

1. K.S.Paramasivan Pillai(Died), ... Deceased/ Sole Appellant

2. Subramani.

..2nd Petitioner /2nd Proposed Petitioner/ Lr of Deceased Sole Appellant Vs 1 K.Jayalakshmi, W/o.Kannan, 58A, Amman Sannathi Street, Tirunelveli Town.

... Respondent/Respondent Prayer in CMP(MD)No.4029 of 2025:

Civil Miscellaneous Petition filed under section 5 of Limitation Act, to Condone the Delay of 68 days in filing this restoration petition in S.A.(MD)No.557 of 2006 on the file of this Hon`ble Court, which was dismissed as abated. Prayer in SA(MD)No.557 of 2006:

Second Appeal filed under section 100 CPC,against the judgment and decree passed in A.S.No.14 of 2004 dated 31.01.2005 on the file of the Principal District Court ,Tirunelveli,confirming the judgment and decree passed in O.S.No.10 of 2001 dated 09.10.2003 on the file of the 1st Additional District Court, Tirunelveli. 1/3

ORDER:- This Civil Miscellaneous Petition coming for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. D.Nallathambi, Advocate for the Petitioner and of Mr.T.Selvan, Advocate for the respondent, this Court made the following order: This Petition has been filed to condone delay of 68 days in filing the application to restore the Second Appeal, that was dismissed as abated. Already, applications have been filed to bring on record the LRs. of the deceased sole appellant and those applications have been allowed. Satisfied with the reasons,this Civil Miscellaneous Petition Stands Allowed. Sd/- Assistant Registrar (CS - I) // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.

TO

1. The Principal District Court , Tirunelveli.

2. The 1st Additional District Court, Tirunelveli.

2/3

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 10/06/2025 ==========================

ORDER

========================== in SA(MD).No.557 of 2006 Giving direction and etc.

as stated within.

AVK/23.06.2025 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3