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Madras High CourtCMP(MD)/6317/2022ordered

Ayyalusamy, (Died) Amsaveni v. Krishnammal (Died) Narayanasamy

2022-09-05Honourable Mr Justice N. Seshasayee2 pages

CMP(MD) No.6317 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fifth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice N.SESHASAYEE CMP(MD) No.6317 of 2022 IN SA(MD) No.843 of 2009 1 AYYALUSAMY (DIED) 2 AMSAVENI 3 ACHANNA 4 RENUGADEVI ... PETITIONERS/APPELLANTS Vs 1 KRISHNAMMAL (DIED) 2 NARAYANASAMY 3 DHANASEKARAN 4 PUSHPARAJ 5 PUSHPATHAI 6 RANI 7 SANKARAJ ... RESPONDENTS/RESPONDENTS 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 1027 days in filing the application and to restore the above second appeal in S.A.(MD).No.843 of 2009 which was dismissed for non-adjudication on 15-07-2019. Prayer in SA(MD).843/2009 :

To prefer this memorandum of Second Appeal against the Judgment and Decree passed in A.S.No.10 of 2009 on the file of the Learned Subordinate Judge, Kovilpatti dated 20.07.2009 reversing the Judgment and Decree passed in O.S.No.242 of 2005 on the file of Learned Principal District Munsif, Sankarankoil dated 26.03.2007. ORDER : This 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.M.P.SENTHIL, Advocate for the petitioners, the court made the following order:- This petition to condone the delay of 1027 days in filing the application to restore the second appeal in S.A.(MD) No.843 of 2009 which was dismissed for non-adjudication on 15.07.2019 is allowed on https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.6317 of 2022 condition that the petitioner pays a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of District Siddha Medical Officer CCRIPKM (Account No: 10767823177, IFSC Code: SBIN0000898, State Bank of India, Periyakulam Branch) within a period of three days from today failing which, this petition will stand dismissed automatically.

2.Post the matter next week.

sd/- 05/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, KOVILPATTI.

2 THE PRINCIPAL DISTRICT MUNSIF, SANKARANKOIL. COPY TO THE DISTRICT SIDDHA MEDICAL OFFICER, CCRIPKM, PERIYAKULAM, THENI DISTRICT.

ORDER

IN CMP(MD) No.6317 of 2022 IN SA(MD) No.843 of 2009 Date :05/09/2022 abr RS/VR/SAR.4 (06.09.2022) 2P-4C https://www.mhc.tn.gov.in/judis 2/2