S. Sellam, v. K. Chockaiah

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY C.M.P(MD)Nos.7465 & 7466 of 2022 in 1 S. SELLAM, 2 S.NACHAN, ... PETITIONERS/APPELLANTS IN BOTH PETITIONS Vs 1 K. CHOCKAIAH 2 R.SUBBIAH, ... RESPONDENTS/RESPONDENTS IN BOTH PETITIONS PRAYER IN CMP(MD)No.7465 of 2022:

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 2155 days in filing the restoration application in S.A(MD). SR.No.22630/2012 and thus render justice.

PRAYER IN S.A(MD)SR.No.22630 of 2012:

To set aside the judgmet and decree in A.S.No.103/2009 dated 19.01.2012 on the file of the learned Principal Sub Judge, Dindigul confirming the decree and judgement dated 30.09.2009 passed in O.S.No.157/2006 on the file of the District Munsif cum Judicial Magistrate Court Natham and allow the Second Appeal. 1/3

PRAYER IN CMP(MD)No.7466 of 2022:

To condone the delay of 2155 days in filing the restoration application in SA (MD)SR.No.22631/2012.

PRAYER IN S.A(MD)SR.No.22631 of 2012:

To set aside the judgment and decree in A.S.No.105/2009 dated 19.01.2012 on the file of the learned Principal Sub Judge Dindigul confirming the decree and judgments dated 30.09.2009 passed in O.S.No.158/2006 on the file of the District Munsif Cum Judicial Magistrate Court Natham and allow the Second Appeal. ORDER : These Civil Miscellaneous petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S.R.SURIYANARAYANAN, Advocate for the petitioners in both cases, the court made the following order:- These petitions have been filed to condone the delay of 2155 days in filing these Second Appeals.

2. Being satisfied with the reasons stated in the affidavits filed in support of the petitions, this Court is inclined to allow these petitions on payment of cost of Rs.3,000/-each, payable to the following organization which is meant for disabled children. payable to the following organization which is meant for disabled children. "SAKSHAM"

Swami Sivanandha Sevarshram, Austin Patti Road, Thopur, Madurai.

Contact Person Sri Govindharaj Mobile Number: 63740 48342.

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3. On such payment being made, the Registry is directed to number these appeals and list these matters on 18.04.2024. sd/- 21/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ksa TO 1.THE PRINCIPAL SUB JUDGE, DINDIGUL 2.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NATHAM COPY TO MR. SRI GOVINDHARAJ "SAKSHAM"

SWAMI SIVANANDHA SEVARSHRAM, AUSTIN PATTI ROAD, THOPUR, MADURAI.

MOBILE NUMBER: 63740 48342.

ORDER

IN C.M.P(MD)Nos.7465 & 7466 of 2022 in S.A(MD)SR.Nos.22630 & 22631 of 2012 Date :21/03/2024 RK/GS (25/03/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3