Kaliyaperumal v. Thangamani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in SA(MD) SR No.3727 of 2023 KALIYAPERUMAL ... Petitioner / Appellant Vs 1 THANGAMANI 2 THE TAHSILDAR KULITHALAI TALUK OFFICE, KULITHALAI, KARUR DISTRICT 3 THE REVENUE DIVISIONAL OFFICER, KULITHALAI, KARUR DISTRICT 4 THE DISTRICT COLLECTOR COLLECTORATE, THANTHONIMALAI, KARUR TALUK, KARUR DISTRICT ... 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 622 days in filing the Second Appeal. 1/4

Prayer in SA(MD) SR No.3727 of 2023:

To set aside the judgment and decree passed by the Court of learned Subordinate Judge, Kulithalai in A.S.No.4 of 2016 on 19.02.2019 confirming the judgment and decree passed in O.S.No.74 of 2011 by the District Munsif, Kulithalai on 28.02.2014 and allow this second appeal.

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 Mr.S.SRIKANTH, Advocate for M/S.APN LAW ASSOCIATES, Advocate for the petitioner and of Mr.G.SRIDHARAN, Advocate on behalf of the Respondent No.1 and of Mr.M.RAMESH, Government Advocate on behalf of the Respondent Nos.2 to 4, the Court made the following order:- This Petition is filed to condone the delay of 622 days in filing the Second Appeal before this Court.

2. Heard. Perused the materials available on record.

3. Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost.

4. This petition is allowed on condition that the petitioner shall pay the cost of Rs.1,000/- (Rupees Thousand only) to the credit of Women Advocates Association, Madurai Bench of Madras High Court (Account No:6477041768, IFSC Code:- IDIB00H040, Indian Bank, High Court Branch, Madurai) for the purpose of maintaining Creche, on or before 20.03.2024.

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5. On such payment being made, Registry is directed to number the appeal and post the matter on 20.03.2024, 'for admission'. sd/- 14/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA To 1.The Subordinate Judge, Kulithalai.

2.The District Munsif, Kulithalai.

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 Officer Incharge, Women Advocates Association, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN in SA(MD) SR No.3727 of 2023 Date :14/03/2024 ED/ GS /SAR- (19/03/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4