Madras High CourtCMP(MD)/4181/2020allowed

S.Pandi Thevar (Died) v. S.Kandasamy

2023-03-10Honourable Mr Justice C. Saravanan2 pages

C.R.P(MD)SR.No.31490 of 2012 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Tenth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice C.SARAVANAN C.M.P(MD)Nos.4181 to 4184 of 2020 in C.R.P(MD)SR.No.31490 of 2012 S.PANDI THEVAR (DIED ON 28.12.2013) P. SUDALAIANDI ... PETITIONER/PROPOSED PETITIONER IN ALL CASES Vs S.KANDASAMY ... RESPONDENT/RESPONDENT IN ALL CASES Prayer in CMP(MD). 4181/ 2020 :

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 1308 days in filing the restoration application to seta - aside the order dated 26.7.2016 passed in M.P. (MD). No.1 of 2012 in C.R.P. (MD). S.R. No. 31490 of 2012 before this Hon`ble Court.

Prayer in CMP(MD). 4182/ 2020 :

Pleased to condone the delay of 1308 days in filing the restoration application to seta-aside the order dated 26.07.2016 passed in M.P.(MD) No. 2 of 2015 in CRP(MD). SR.No. 31490 of 2012 before this Hon`ble Court and pass any other order which deems fit to the facts and circumstances of the case and thus render justice. Prayer in CMP(MD). 4183/ 2020 :

Pleased to condone the delay of 1308 days in filing the restoration applition to seta - aside the order dated. 26.07.2016 passed in M.P. (MD). No. 3 of 2015 in C.R.P. (MD). S.R. No. 31490 of 2012 before this Hon`ble Court and pass any other order which deems fit to the facts and circumstances of the case and thus render justice.

Prayer in CMP(MD). 4184/ 2020 :

Pleased to condone the delay of 1308 days in filing the restoration application to seta-aside the order dated. 26.07.2016 passed in M.P. (MD)No. 4 of 2015 in CRP. (MD). S.R. No. 31490 /2012 before this Hon`ble court and pass any other order which deems fit to the facts and circumstances of the case and thus render Justice. https://www.mhc.tn.gov.in/judis 1/2

C.R.P(MD)SR.No.31490 of 2012 PRAYER IN C.R.P(MD)SR.No.31490 of 2012:

To set aside the fair and decretal orders dated 25.01.2011 passed in E.A.No.113 of 2007 in E.P.No.37 of 2006 in O.S.No.529 of 1993 on the file of the Principal District Munsif Court, Valliyoor. ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S. D. NALLATHAMBI, Advocate for the petitioner in all cases and of M/S.K.K.KANNAN,Advocate on behalf of the Respondent in all cases, the court made the following order:- The learned counsel for the respondent submits that though the vakalat has been filed, it was returned.

2. Being satisfied with the reasons given in the affidavit filed in support of the petition to condone the delay in filing restoration application to set aside the order, dated 26.07.2016 passed in M.P(MD)Nos.1 to 4 of 2015 in the above civil revision petition, this petition stands allowed on a condition that petitioner pays a sum of Rs.10,000/- to the respondent within a period of 4 weeks from the date of receipt of copy of this order and filed a memo to that effect.

3. Subject to filing of such memo, Registry is directed to number the civil revision petition and post the case for admission. sd/- 10/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

sn TO THE PRINCIPAL DISTRICT MUNSIF, VALLIYOOR.

ORDER

IN C.M.P(MD)Nos.4181 to 4184 of 2020 in C.R.P(MD)SR.No.31490 of 2012 Date :10/03/2023 RK/CG/SAR-1(28/03/2023) 3P/2C https://www.mhc.tn.gov.in/judis 2/2