Ponnuthayee v. K.Chidambaram

CMP(MD) No.3719 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Seventeenth day of August Two Thousand Twenty PRESENT The Hon`ble Mr.Justice N.SESHASAYEE CMP(MD) No.3719 of 2020 in SA(MD)SR.NO.57389 of 2019 1 PONNUTHAYEE 2 M. YASOTHAI 3 A. PACKIAM ... PETITIONERS/APPELLANTS Vs 1 K.CHIDAMBARAM 2 M. PALANIYAMMAL 3 K. VANITHA ... RESPONDENTS/RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order condoning the delay of 289 days in representing the second appeal in S.A.(MD) SR NO. 57389 of 2019 and thus render justice.

PRAYER IN SA(MD)SR.NO.57389 of 2019:

To pass a Judgment and decree setting aside the judgment and decree dated 31/01/2019 passed in the appeal in A.S.No.12 of 2016 on the file of the Principal Subordinate Court, Madurai confirming the judgment and decree dated 01/12/2015 passed in the suit in O.S.No.234 of 2010 on the file of the District Munsif cum Judicial Magistrate Court, Vadipatti and pass a decree for partition in favour of the appellants/plaintiff for 3/8 share in the suit properties, along with mesne profits from the date of the plaint as prayed for in the plaint and thus allow the appeal. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.R. JEYAPALAM, Advocate for the petitioner, the court made the following order:- This Court is satisfied with the reasons stated in the affidavit filed in support of this petition. The delay of 289 days in re-presenting the Second Appeal is condoned on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.3719 of 2020 petitioner/appellant paying Rs.500/-(Rupees five hundred only) as costs to the District Court Advocate Clerks Association. Post on 24/08/2020, for reporting compliance. sd/- 17/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE PRINCIPAL SUBORDINATE JUDGE, MADURAI.

2. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VADIPATTI. COPY TO: THE OFFICER INCHARGE, MADURAI ADVOCATE CLERKS ASSOCIATION, DISTRICT COURT CAMPUS, MADURAI - 625 020.

ORDER

IN CMP(MD) No.3719 of 2020 in SA(MD)SR.NO.57389 of 2019 Date :17/08/2020 CM AE/JC/SAR-III (17.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2