P.Ramasamy (Died), 2.Chellakannu v. Nayinikonar (Died), 1. Ramasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twelfth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in AS(MD)No.5 of 2018 1 P.RAMASAMY (DIED), 2.CHELLAKANNU, 3 JAYABHARATHI 4 DEVI 5 VENKATESAN ... PETITIONERS/PETITIONERS/APPELLANTS Vs NAYINIKONAR (DIED), 1 RAMASAMY, 2 CHANDRA JEYAM 3 MANGALAM 4 PAPPU 5 CHELLAMMAL 1/4

VENKATACHALAM (DIED) 6 RAMAKRISHNAN 7 VENKATESAN 8 RASAMBAL 9 SUSEELA PAPPA(DIED) 10 KALIYAMMAL 11 PASUPATHY 12 DURGADEVI 13 UDAYAPPAN (DIED) 14 CHELLADURAI ... RESPONDENTS/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 406 days in re-presenting the civil miscellaneous Petition in C.M.P.SR(MD) No.11650 of 2023 in A.S.(MD) No.5 of 2018. PRAYER in AS(MD)No.5 of 2018:

To set aside the judgment and decree in O.S.No.72/2012 dated 12.10.2017 on the file of the Hon'ble III Additional District Judge, Thanjavur at Pattukkottai and dismiss the same by allowing this 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 M/S.R.PARANJOTHI, Advocate for the petitioner and of Mr.N.BALAKRISHNAN, Advocate on behalf of the Respondents 1 to 5, the Court made the following order:- 2/4

This Petition is filed to condone the delay of 406 days in representing the Civil Miscellaneous Petition in C.M.P(MD)SR.No.11650 of 2023 in A.S(MD)No.5 of 2018.

2. Heard and 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 petitioners shall pay the cost of Rs.1,000/- (Rupees One 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 within a period of Four weeks from the date of receipt of a copy of this order.

5. On such payment being made, Registry is directed to number the petition, if it is otherwise in order.

sd/- 12/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA 3/4

TO THE III ADDITIONAL DISTRICT JUDGE, THANJAVUR AT PATTUKKOTTAI.

COPY TO:

THE OFFICER INCHARGE, WOMEN ADVOCATES ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT MADURAI.

ORDER

IN in AS(MD)No.5 of 2018 Date :12/06/2024 SS/GS/SAR- /14/06/2024/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4