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Madras High CourtCMP(MD)/8562/2023allowed

Padammal (Died)1.Guru Venkata Subramanian v. Periyasamy Died 1.Murugesan

2024-03-04Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY and S.A.(MD)SR.No.49843 of 2021 PADAMMAL (DIED) 1.GURU VENKATA SUBRAMANIAN 2 VENKATESWARAN (DIED) 3 MUTHULAKSHMI ... PETITIONERS/APPELLANTS Vs PERIYASAMY (DIED) 1.MURUGESAN 2 SARATHA 3 BALUCHAMY 4 SANTHI 5 ANNAKAMU 6 KAMAPANDITHAN 7 VALLIAMMAL MEENATCHIAMMAL (DIED) 1/3

8 PALANIAMMAL 9 AKKAMMAL 10 NAGAMMAL ... RESPONDENTS/RESPONDENTS (CAUSE TITLE IS ACCEPTED VIDE COURT ORDER DATED 05.06.2023 MADE IN CMP(MD) NO.6263/2023 IN SA(MD)SR.NO.49846/2021 BY AQJ) 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 721 days in the filing the above second appeal before this Honourable Court and thus render justice.

PRAYER IN SA(MD)SR.No.49843 of 2021:

To set aside the Judgment and Decree dated 04.01.2018 passed in A.S.No.42 of 2013 on the file of the Additional Subordinate Judge, Dindigul, confirming the Judgment and Decree dated 11.01.2013 passed in O.S.No.753 of 1985 on the file of the Principal District Munsif Court, Dindigul, and allow the 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.J.ANANDHAVALLI, Advocate for the petitioners and of MR.G.BALAJI, Advocate on behalf of the Respondent No.1 and not appeared for the respondents 2 to 4 , 6 & 8 either in person or through by an advocate, the court made the following order:- This petition is allowed on condition that the petitioners shall pay the cost of Rs.2,000/- to the credit of District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State Bank of India, Periyakulam Branch).

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2.On such payment being made, Registry is directed to number the appeal, if it is otherwise in order.

sd/- 04/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (CS-I / II/ III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

tmg TO 1.THE ADDITIONAL SUBORDINATE JUDGE, DINDIGUL. 2.THE PRINCIPAL DISTRICT MUNSIF, DINDIGUL, COPY TO 1 THE SUB ASSISTANT REGISTRAR (AE), AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2.THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM

ORDER

IN and S.A.(MD)SR.No.49843 of 2021 Date :04/03/2024 RK/VR (07/03/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3