Ams Nagarajan (Died), A.M.S.Manickavasagam v. R. Nagendran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Sixteenth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI in SA(MD) SR No.24986 of 2023 AMS NAGARAJAN (DIED) 1 A.M.S. MANICKAVASAGAM 2 A.M.S.CHANDRASEKARAN 3 A.M.S.RADHAKRISHNAN 4 A.M.S.BALAKRISHNAN ... Petitioners / Appellants Vs 1 R. NAGENDRAN 2 R.DHEEVESWARI 3 SUNDARARAJARAMAN@SELVARAJ 4 NAGARATHINAM 5 JEYAMANI ... Respondents / Respondents Civil Miscellaneous 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 308 days in filing the above second appeal. Prayer in SA(MD) SR No.24986 of 2023:

To call for the records pursuant to the judgment and decree of Sub Court, Virudhunagar in A.S.No.28 of 2011 dated 27.09.2019 by confirming the judgment and decree passed in O.S.No.97 of 2004 dated 20.07.200, passed by the District Munsif Court, Virudhunagar and set aside the same and decree the suit. 1/3

ORDER : This civil miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments ofM/s.LAKSHMI GOPINATHAN, Advocate for M/S. POLAX LEGAL SOLUTIONS, Advocate for the petitioner and of Mr.M.KANNAN, Advocate on behalf of the Respondent Nos.1 to 3 and of not appeared for Respondent Nos.4 and 5 in person or through by an Advocate, the Court made the following order:- This Civil Miscellaneous Petition is filed to condone the delay of 308 days in filing the second appeal in SA(MD) SR No.24986 of 2023. 2.The learned counsel for the respondents 1 to 3 has raised strong objection that there is a huge delay and the same was also not properly explained. 3.In view of the above, this Civil Miscellaneous Petition is allowed on a condition that the petitioners are directed to pay a sum of Rs.2000/-(Rupees Two Thousand) to the Kalaignar Centenary Library, Madurai, within a period of four weeks.

4.List the matter after four weeks along with proof of payment. sd/- 16/08/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN 2/3

To 1.The Subordinate Judge, Virudhunagar.

2.The District Munsif, Virudhunagar.

Copy to:

The Officer Incharge, Kalaignar Centenary Library, Madurai.

+1 CC to M/s.M/S.POLAX LEGAL SOLUTIONS, Advocate ( SR-10006[I] dated 16/08/2024 )

ORDER

IN in SA(MD) SR No.24986 of 2023 Date :16/08/2024 ED/ VR /SAR- (23/08/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3