Madras High CourtCMP(MD)/6094/2020allowed

I.Arulmurugan v. Chinniah Pillai (Died)

2021-12-21Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

CMP(MD) No.6094 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty First day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN CMP(MD) No.6094 of 2020 IN SA(MD) No.532 of 2015 I.ARULMURUGAN ... PETITIONER/APPELLANT Vs CHINNIAH PILLAI (DIED) 1 C.VELLAICHAMY 2 C.MANICKAVELU 3 C.SUNDARAMBAL IRULPPAN SERVAI (DIED) KASTHURI (DIED) 5 MURUGESAN 6 VELLAICHAMY 7 KALAVATHI 8 AMALA 9 KALAIVANI 10 MARUTHUPANDI 11 ABIRAMI 12 NANDHINI 13 SASI 14 NAGU 15 MUTHUPILLAI 16 VELAMMAL 17 PREMA 18 SANTHI 19 RAJATHI MERCY ... RESPONDENTS/RESPONDENTS 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 1108 days in filing the petition to set aside the dismissal order dated 09.02.2017 made in SA(MD)No.532 of 2015, dismissing the second appeal against the respondents 5 to 8, 13 and 16 in the above Second Appeal.

PRAYER IN SA(MD)No.532 of 2015:

Pleased to set aside the judgment and decree dated 21.07.2015 in A.S.No.68 of 2006 on the file of I Additional Sub Court, Dindigul reversing the judgment dated 30.12.2005 in O.S.No.59 of 2004 on the file District Munsif Court, Nilakottai allow this second appeal https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.6094 of 2020 ORDER : This 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.THIYAGARAJAN, Advocate for the petitioner and of Mr.R.T.ARIVU KUMAR, Advocate for the Respondents No.1 to 4, the court made the following order:- This Petition has been filed seeking to condone the delay of 1108 days in filing the petition to set aside the dismissal order dated 09.02.2017 made in S.A(MD) No.532 of 2015, dismissing the second appeal against the respondents 5 to 8, 13 and 16 in the above second appeal.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The learned counsel appearing for the respondent has no objection in allowing this Petition.

4.In view of the same,this petition is ordered and the delay of 1108 days in filing the petition to set aside the dismissal order is condoned on condition that the Petitioner pays a sum of Rs.1500/-(Rupees One thousand and five hundred only) as costs to the Government Higher Secondary School, Y. Othakadai, Madurai, (Current Account No.10968750674, State Bank of India, Tallakulam Branch, IFSC Code No.SB.IN0000253) on or before 30.12.2021, failing which, this Petition shall stand automatically dismissed, without further reference to this Court.

sd/- 21/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE I ADDITIONAL SUBORDINATE JUDGE, DINDIGUL. 2 THE DISTRICT MUNSIF, NILAKOTTAI.

COPY TO:

THE HEAD MASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, Y.OTHAKADAI, MADURAI.

ORDER IN CMP(MD) No.6094 of 2020 IN SA(MD) No.532 of 2015 Date :21/12/2021 SA/PN/SAR.1/27.12.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2