Madras High CourtCMP(MD)/7039/2022allowed

1. Umarani (Died), 2. Manimekala, v. Paramasivam,

2024-06-28Honourable Mr Justice N. Seshasayee,Honourable Mrs Justice L.Victoria Gowri3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twenty Eighth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice N.SESHASAYEE and The Hon`ble Mrs.Justice L. VICTORIA GOWRI CMP(MD) No.7039 of 2022 in AS(MD) No. 202 of 2011 1 1. UMARANI (DIED), 2 MANIMEKALA, D/O. PARAMASIVAM 3 MANKAYARKARASI, 4 M. RAMPRASATH, ... Petitioner 2-4/Appellant 2-4 Vs 1 PARAMASIVAM, 2 SOLAMALAI RAJA, 3 AMUTHA, 4 INDIRA, 5 VANITHA, 6 M. SHARMILA, ... Respondent/Respondent Prayer : To condone the delay of 124 days in filing the petition to restore the appeal and thus render justice.

Prayer in AS(MD). 202/ 2011 :

Appeal filed under section 96 of the Civil Procedure Code, against the judgment and decree made in O.S.No.191 of 2008 dated 06.06.2011 on the file of the 1st Additional District Court, Madurai, with respect to items 11 to 13 of the suit properties alone.

ORDER : This Revision/Appeal Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.H.Arumuga, Advocate for the petitioner and of Thiru.C.Sundaravadivel, Advocate for the first Respondent and Thiru.S.Senthilkumar, Advocate for second and Third Respondents, this court made the following order:

Heard Mr.H.Arumugam, learned counsel appearing for the petitioners, Mr.C.Sundaravadivel, learned counsel appearing for the first respondent and Mr.S.Senthilkumar, leaned counsel appearing for respondent Nos. 2 and 3.

2. This Petition has been filed to condone the delay of 124 days in filing the petition to restore the appeal.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay of 124 days in filing the petition to restore the appeal is condoned

and the Appeal is restored to file.

Sd/- Assistant Registrar ( CS-III ) // True Copy // /07/2024 Sub Assistant Registrar (CS - I/ II / III / IV) TO

1. The Judge, 1st Additional District Court, Madurai.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 copies) ORDER DATED : 28/06/2024 ========================== Order ========================== CMP (MD) No.7039 of 2022 RE (11.07.2024) 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.