Rani v. Anitha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY C.M.P.(MD)No.6231 of 2024 in S.A.(MD)SR.No.29099 of 2024 1 RANI 2 MAYANDI THEVAR, ... Petitioners/ Appellants Vs 1 ANITHA ANGA THEVAR (DIED) 2 A.NAGARAJ, 3 BALAMURUGAN 4 KARUPPATHEVAR, ... 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 458 days in filing the above Second Appeal and thus render justice.

PRAYER IN S.A.(MD) SR No.29099 of 2024 To set aside the Judgement and Decree dated 05.09.2022 in A.S.No.29 of 2015 on the file the Additional District Court, Dindigul confirming the Judgement 1/4

and Decree dated 31.03.2015 in O.S.No.300 of 2012 on the file of the Sub Court, Vedasendur.

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 of M/S.C.RAMESH, Advocate for the petitioner and of M/s.K.M.PRICILLA JANCY, Advocate on behalf of the 1st Respondent and No appearance for 4th Respondent the court made the following order:- This petition is filed to condone the delay of 458 days in filing the above appeal. 2.M/s.K.M.Priscilla Jancy, learned counsel for the 1st respondent has strongly made objection for allowing this petition. Though notice was sent to the respondents 2 to 4, in respect of the 4th respondent alone, it was served, however, none appeared on behalf of the 4th respondent. In respect of the respondents 2 and 3, tapal returned as 'No such addressee'.

3.This Court has heard the learned counsel for the petitioners and perused the reasons assigned in the affidavit filed in support of this miscellaneous petition. 4.Since the reasons stated in the affidavit appear to be genuine and in the interest of justice, this petition is ordered and the delay is condoned subject to the payment of Rs.5,000/- (Rupees five 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 miscellaneous petition shall stand dismissed automatically without any further 2/4

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/- 13/11/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

YUVA TO 1.The Judge, Additional District Court, Dindigul

2. The Judge, Sub Court, Vedasendur.

Copy to:

1. The Sub Assistant Registrar (AE Section), Madurai Bench of Madras High Court, Madurai.

2. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

3.The District Siddha Medical Officer, CCRI Periyakulam. 3/4

ORDER

IN C.M.P.(MD)No.6231 of 2024 in S.A.(MD)SR.No.29099 of 2024 Date :13/11/2024 PSP/ GSV /SAR /28.11.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4