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Madras High CourtCMP(MD)/9896/2025allowed

Abraham Nelson Asir @ William (Died), 2) M.Elizabeth Lalithakumari v. Vivekananda Kendra Rock Memorial And

2025-07-29Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-07-2025

CORAM

THE HONOURABLE MR JUSTICE K.K.RAMAKRISHNAN in CMSA(MD) SR.No.59228 of 2021 1.Abraham Nelson Asir @ William (Died) 2.M.Elizabeth Lalithakumari Petitioners (Cause title is accepted vide Court order dated 18.06.2025 made in CMP(MD)No.9050 of 2025 in CMSA(MD)SR. No.59228 of 2021) Vs 1.Vivekananda Kendra Rock Memorial and Vivekananda Kendra, through its Joint General Manager, Vivekananda Kendra, Vivekanandapuram, Kanyakumari Village, Agastheeswaram Taluk, Kanyakumari District.

2.K.Sivaramaperumal Nadar 3.K.Chellathurai 4.K.Saraswathi 5.K.Raja 6.K.Chellaswami 7.K.Radhakrishnan 8.S.Periya Muthuswamy 9.Dr.A.Pravin Asir 10.Dr.A.Prathab Asir Respondents This Civil Miscellaneous Petition filed under Order IV Rule 9(4) A.S. Rules praying to condone the delay of 1196 days in representing the above civil miscellaneous second appeal in C.M.S.A.(MD)SR.No.59228 of 2021. 1/3

For Petitioner :

Mr.M.P.Senthil, Advocate For Respondents:

Mr.A.Nagarajan, Advocate for R1 Mr.A.Karthigaivel, Advocate for R6 No representation for R3, R4, R7, R9 & R10

ORDER

The above petition has been filed seeking orders to condone the delay of 1196 days in representing the above appeal.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 6.

3. The contesting respondent is the first respondent herein. The learned counsel appearing for the first respondent would submit that there is no bonafide reason given by the petitioner in the affidavit.

4. But being satisfied with the reasons stated in paragraph Nos.4 and 5 of the affidavit, the delay is condoned with a condition to the petitioner to pay the cost of Rs.1,000/- (Rupees One Thousand only) to the Women Lawyers Association 2/3

attached to the Madurai Bench of Madras High Court, Madurai, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically without any further reference to Court. Accordingly, this Civil Miscellaneous Petition is allowed. sd/- 29/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM To The Officer Incharge, Women Lawyers Association, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date :29/07/2025 SBN/07.08.2025 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3