Roopa v. Selvi Vatchala Devi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Sixth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY and A.S(MD)No.23 of 2012 ROOPA ... PETITIONER/APPELLANT Vs 1 SELVI VATCHALA DEVI ...1st RESPONDENT/PETITIONER/ PLAINTIFF 2 THIRUMALAI ALIAS RAMASAMY ( DIED) 3 RAJESHWARI, (DIED) 4 BHUVANESHWARI 5 SARAVANAN 6 SUJATHA 7 P.VELMURUGAN 8 P.RADHA KRISHNAN 9 JEYA GOWRI 10 SHYAMALA DEVI 1/4

11 R.NIRMALA DEVI 12 GOKILA DEVI 13 VIMALA 14 VIJAYAKUMARI 15 PALANISAMY ... 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 1233 days in filling the application to set aside the order dated 24.01.2019 passed by this Honourable Court in the above A.S.(MD) No.23 of 2012 and thus render justice.

Prayer in AS(MD). 23/ 2012 :

To set aside the Judgment and decree dated 02.11.2011 made in O.S.No.18 of 2009 on the file of the Learned Additional District Court cum Fast Track Court, Dindigul by allowing this Appeal.

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 MR.A.RAMESH, Advocate for the petitioner and of MR.P.ARUNKUMAR, Advocate for the 1st Respondent and MR.C.SUNDARAVADIVEL, Advocate for the 15th Respondent and MR.K.HEMA KARTHIKEYAN, Advocate for the 12th Respondent and MR.S.A.AJMALKHAN, Advocate for the 7th Respondent, the court made the following order:- This Petition is filed to condone the delay of 1233 days in filing the application to set aside the order, dated 24.01.2019 passed by this Court in A.S(MD) No.23 of 2012.

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2. Being satisfied with the reasons stated in the affidavit filed in support of the petition, this Court is inclined to allow this petition on payment of cost.

3. This petition is allowed on condition that the petitioner shall pay the cost of Rs.2,000/- (Rupees Two Thousand only) to the credit of District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State Bank of India, Periyakulam Branch) on or before 02.07.2024.

4. On such payment being made, Registry is directed to restore the Appeal and post the same before this Court on 02.07.2024. sd/- 26/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ksa TO THE ADDITIONAL DISTRICT JUDGE CUM FAST TRACK COURT, DINDIGUL 3/4

COPY TO 1.THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM

ORDER

IN and A.S(MD)No.23 of 2012 Date :26/06/2024 RK/VR (28/06/2024) 4P /4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4