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Madras High CourtCMP(MD)/7351/2024allowed

Jeyakumar Alias Mohamed Fasith v. Naganathan

2024-06-20Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twentieth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in AS(MD) SR.No.30746 of 2023 JEYAKUMAR @ MOHAMED FASITH ... PETITIONER/APPELLANT Vs 1 NAGANATHAN 2 MANGALAM, 3 MURUGESAN, 4 SELVI @ JEENATHU NISHA 5 VAITHEGI, 6 SADHANA 7 NARMATHA 8 ELANGOVAN 9 GOPALAN 10 MEENAL 11 GOMATHI 1/3

12 KAVITHA, 13 JEYAPAL 14 VASUKI KRISHNAMMAL (DIED) 15 LAKSHMI 16 MARIMUTHU 17 GOKILA VANI 18 GOKUL ... RESPONDENTS/RESPONDENTS (The respondents 8 to 18 are subsequent purchasers in respect of item 4 of the suit properties. Since, this appeal had been filed in respect of item 3 of the suit properties, they are not necessary parties to this appeal. So, they are given up in this appeal and notice to them may be dispensed with.) Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to pass an order condoning the delay of 381 days in representing the first appeal in AS(MD). SR No.30746 of 2023.

Prayer in AS(MD) SR.No.30746 of 2023 :

To pass a judgment and decree setting aside the decree and judgment dated 18/11/2022 passed in the suit in O.S.No.23 of 2020 on the file of the Additional District Court, Ramanathapuram and decreeing the suit and thus allow the appeal with costs throughout.

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.J.BARATHAN, Advocate for the petitioner, the court made the following order:- 2/3

On payment of Rs.500/- to the creche attached to Madurai Bench of Madras High Court, this petition is allowed.

sd/- 20/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

tmg TO THE ADDITIONAL DISTRICT JUDGE, RAMANATHAPURAM. COPY TO THE OFFICER INCHARGE, CRECHE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in AS(MD) SR.No.30746 of 2023 Date :20/06/2024 RS/VR/SAR-(26.06.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3