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Madras High CourtCMP(MD)/5969/2021ordered

S. Perumal Naicker (Died), 2. Alagammal, v. K. Rengaraj,

2021-08-05Honourable Mr Justice A.D.Jagadish Chandira2 pages

CMP(MD) No.5969 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifth day of August Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA CMP(MD) No.5969 of 2021 IN CRP(MD) No.2557 of 2012 1 S.PERUMAL NAICKER (DIED) P.VENKATASAMY NAICKER(DIED) 2 ALAGAMMAL 3 S.MURUGA LAKSHMI 4 V.MARIYAMMAL 5 MINOR.V.ABEYASRI (REP. BY HER MOTHER AND NEXT FRIEND 5th PETITIONER) ... PETITIONERS/ LR'S OF SOLE PETITIONER Vs 1 K.RENGARAJ 2 S.KRISHNASAMY NAICKER (DIED) 3 RAMASAMY NAICKER 4 P.PONNUSAMY NAICKER 5 SEETHALAKSHMI 6 K.KRISHNAMMAL 7 VIJAYALAKSHMI ... 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 1443 days in filing the above petition to set-aside the abatement of the above C.R.P.(MD) No.2557 of 2012 on the file of this Honourable Court for the reason of not bringing the legal representative of the deceased sole petitioner on record.

PRAYER IN CRP(MD) No.2557 of 2012:

To prefer this memorandum of grounds of Civil Revision Petition against the Fair and Final order dated 09.11.2011 made in I.A.No.414 of 2010 in O.S.No.12 of 2008 on the file of the Subordinate Judge, Thoothukudi.

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.P.JEESI JEEVA PRIYA, Advocate for the petitioner and the Court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.5969 of 2021 This petition has been filed seeking to condone the delay of 1443 days in filing the above Civil Revision Petition to bring on record the legal representatives of the sole petitioner.

2. Heard both sides

3. In view of the above submission,this Petition is ordered and the delay of 1443 days in filing the above Civil Revision Petition is condoned on condition that the Petitioner pays a sum of Rs.1,000/-(Rupees one thousand only) to the Legal Services Committee attached to this Bench , within a period of two weeks from the date of receipt of a copy of this order, failing which, this Petition shall stand automatically dismissed, without further reference to this Court.

4. Post the matter before this Court after compliance of the condition.

sd/- 05/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1 THE SUBORDINATE JUDGE, THOOTHUKUDI.

2 THE OFFICER INCHARGE, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CMP(MD) No.5969 of 2021 IN CRP(MD) No.2557 of 2012 Date :05/08/2021 SS/PN/SAR-IV/23.08.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2