N.Meenatchi v. Poovayee Ammal (Died), 1) Palanisamy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Ninth day of January Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY in CROS.OBJ(MD) SR.No.16233 of 2023 1 N.MEENATCHI 2 N.HEMALATHA 3 N.PRAVEEN KUMAR 4 N.RAJESH KANNAN ... PETITIONER(S) Vs POOVAYEE AMMAL (DIED), 1 PALANISAMY 2 MARIAMMAL 3 PAKKIAM ... RESPONDENT(S) For Petitioner(s) :
Mr.M.Haja Mohdeen For Respondent(s) :
Mr.P.Vairava Sundaram
ORDER
This petition is filed to condone the delay of 556 days in representing the above 1/3
cross objection.
2.The learned counsel appearing for the petitioners would submit that this cross objection petition is filed by some other learned counsel and the papers were returned for certain clarification. Now, only he has filed change of vakalat and his clerk has complied with the clarification and presented the papers on 08.06.2023, but, again it was returned on 03.07.2023. However, the clerk failed to collect the papers in time. Further, there is a communication gap between the 1st petitioner and other petitioners. Therefore, the delay of 556 days occurred and the same may be condoned and this petition may be allowed.
3.I have perused the reasons assigned in the affidavit filed in support of this miscellaneous petition. Though the reasons stated in the affidavit appear to be convincing, the learned counsel for the respondent has made strong objection for allowing this petition.
4.In view of the above, this Court is inclined to condone the delay on payment of cost. Accordingly, this petition is ordered and the delay is condoned subject to the payment of Rs.1,000/- (Rupees One Thousand only) by the petitioners to the credit of the District Siddha Medical Officer CCRI PKM, Account No.10767823177, IFSC Code : SBIN0000898, MICR CODE : 625002601, Branch: SBI Periyakulam, within a period of two weeks from the date of receipt of a copy of this order. In default, this petition 2/3
shall stand dismissed automatically without any further reference to this Court. 5.On such payment, Registry is directed to number the appeal, if it is otherwise in order and list it for admission in the usual course. sd/- 29/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE OFFICER INCHARGE DISTRICT SIDDHA MEDICAL OFFICER, CCRI PKM, PERIYAKULAM, THENI DISTRICT.
COPY TO 1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CMP(MD) No.18003 of 2024 in CROS.OBJ(MD) SR.No.16233 of 2023 Date :29/01/2025 RS/VR/SAR-(03.02.2025) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3