Synam Beevi v. Muthupandian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in SA(MD) SR No.66347 of 2021 SYNAM BEEVI ... Petitioner / Appellant Vs 1 MUTHUPANDIAN 2 RAMASUNDARALAKSHMI SANKARAPANDIAN (DIED) 3 LOURDHU MARY 4 CHELLADURAI ... Respondents / Respondents 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 473 days in representing the above second appeal in S.A.(MD).SR.No.66347 of 2021 before this Honourable Court.

Prayer in SA(MD) SR No.66347 of 2021:

To call for the records relating to the judgment and decree passed in A.S.No.3 of 2017 on the file of the Principal Sub Court, Tenkasi dated 15.09.2020, confirming the judgment and Decree passed in O.S.No.475 of 2009 on the file of the Additional District Munsif Court, Tenkasi, dated 28.06.2016 and set aside the same by allowing this Second 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 M/S. D.SRINIVASARAGAVAN, Advocate for the petitioner, the court made the following order:- 1/3

This application has been filed to condone the delay of 473 days in representing the above Second Appeal.

2. Perused the affidavit filed in support of this application and considering the reasons stated in the affidavit, I am inclined to allow this petition on terms. The civil miscellaneous appeal is allowed on a condition that the petitioner/appellant pays a sum of Rs.500/- (Rupees Five Hundred only) to the credit of to the Officer-in-Charge, Advocate Clerk's Welfare Association, Madurai Bench of Madras High Court, Madurai, (A/c.No.496039124, IFSC: IDIB000H040, Indian Bank, High Court, Madurai Branch) within a period of two weeks from the date of receipt of a copy of this order, failing which, the petition shall stand automatically dismissed without further reference to this Court.

3. On such compliance, Registry is directed to number the Second Appeal, if it is otherwise in order and list the same for admission. sd/- 18/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SBN 2/3

To 1.The Principal Sub Judge, Tenkasi.

2.The Additional District Munsif, Tenkasi.

Copy to:

1.The Officer-in-Charge, Advocate Clerk's Welfare Association, Madurai Bench of Madras High Court, Madurai.

2.The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai.

3.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.SRINIVASARAGAVAN, Advocate ( SR-10913[I] dated 19/07/2023 )

ORDER

IN in SA(MD) SR No.66347 of 2021 Date :18/07/2023 ED/BUC/SAR- (26/07/2023) 3P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3