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Madras High CourtCMP(MD)/5705/2019allowed

G.Esther, v. R.Lilly,

2019-07-29Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Ninth day of July Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice S.S.SUNDAR CMP(MD) Nos.5705 to 5707 of 2019 IN SA(MD) No.SR20103 of 2017 G.ESTHER ... PETITIONER/APPELLANT IN ALL THE PETITIONS Vs 1.R.LILLY 2.EDWIN 3.EDMUND 4.EDWIDA 5.THE STATE OF TAMIL NADU, REP.BY THE DISTRICT COLLECTOR, TIRUCHIRAPPALLI.

6.THE SUB REGISTRAR, SUB-REGISTRY, LALGUDI, TRICHY DISTRICT. ... RESPONDENTS/ RESPONDENTS IN ALL THE PETITIONS Prayer in CMP(MD). 5705/ 2019 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to restore the restore CMP(MD)No.429 of 2019 in S.A.(MD)SR.No.20103 of 2017 to file of this Honourable Court.

Prayer in CMP(MD). 5706/ 2019 :

To restore the restore the Second Appeal in S.A.(MD) SR.No.20103 of 2017 to file of this Honourable Court. Prayer in CMP(MD). 5707/ 2019 :

To extend the time for payment of costs as per order dated 28.02.2019 in CMP(MD)No.429 of 2019 in SA(MD)SR.No.20103 of 2017 to file of this Honourable Court.

PRAYER IN SA(MD) No.SR20103 of 2017 To set aside the decree and judgment dated 03.11.2016 made in A.S.No. 29/2015 on the file of the 1st Additional District Judge, Trichy, confirming the decree and judgment dated 30.06.2015 made in O.S.No. 56 of 2010 on the file of the 1st Additional Subordinate Judge, Trichy, by allowing the instant second appeal and consequently decreeing the suit.

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ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.K.PRABHAKAR, Advocate for the petitioner in all the petitions, and of Mr.M.SARAVANAN, Advocate for R1 to R4 in all the petitions, the court made the following order:- These petitions have filed to restore the C.M.P.(MD).No.429 of 2019 in the unnumbered Second Appeal, to extend the time for payment of cost as per the order, dated 28.02.2019 in C.M.P.(MD).No.429 of 2019 and to restore the unnumbered second appeal on the file of this Court.

2.Learned counsel for the respondents 1 to 4 stated that they have no objection for allowing these petitions. The other respondents are only formal respondents.

3.This Court is convinced with the reasons stated in the affidavit filed in support of the petition. The learned counsel for the petitioner also undertakes to pay the cost within two days from the date of receipt of the copy of this order. 4.Hence, all these petitions are ordered. Office is directed to number the second appeal if the papers are otherwise in order upon showing the proof of payment of cost within the stipulated time.

sd/- 29/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE 1ST ADDITIONAL DISTRICT JUDGE, TRICHY.

2.THE 1ST ADDITIONAL SUBORDINATE JUDGE, TRICHY. COPY TO:-1. THE OFFICER IN-CHARGE, THE BABBLES DAY CARE, RUN BY WOMEN LAWYERS ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

2. THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.K.PRABHAKAR Advocate SR.No.12415 ORDER IN CMP(MD) Nos.5705 to 5707 of 2019 IN SA(MD) No.SR20103 of 2017 Date :29/07/2019 TK/PN/SAR.4/30.07.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/