Rajarethinam, v. Sivasami,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty Seventh day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI in SA(MD) SR No.52133 of 2023 1 RAJARETHINAM, 2 SUMATHI 3 RAGAVAN ... PETITIONERS/APPELLANTS Vs SIVASAMI, ... RESPONDENT/RESPONENT 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 376 days in filing the Second Appeal against the Judgment and decree passed by the learned in A.S.No.4 of 2021 on the file of Sub Court, Aranthangi dated 29.11.2021 confirming the judgment and decree passed by the O.S.No.151 of 2016 on the file of the Learned Principal District Munsif Court, Aranthangi dated 30.03.2021 and thus render justice.

PRAYER IN SA(MD) SR No.52133 of 2023:

Pleased to set aside the judgment and decree passed by the learned against the Judgment and Decree dated 29.11.2021 made in A.S.No.4 of 2021 on the file of Sub Court, Aranthangi by confirming the judgment and decree dated 30.03.2021 made in O.S.No.151 of 2016 on the file of the learned Principal District Munsif Court, 1/3

Aranthangi and allowing this Second Appeal with cost. ORDER : This Civil Miscellaneous 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.S.RAJAMANICKAM, Advocate for the petitioner and of Mr.R.PRASANNA, Advocate on behalf of the Respondent, the court made the following order:- This Civil Miscellaneous Petition is filed to condone the delay of 376 days in filing the second appeal in SA(MD) SR No.52133 of 2023. 2.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Civil Miscellaneous Petition is allowed on a condition that the petitioners are directed to pay a sum of Rs.2000/-(Rupees Two Thousand) to the respondents, within a period of four weeks from the date of receipt of a copy this order.

3.Registry is directed to number the second appeal, on production of proof of payment and if it is otherwise in order.

sd/- 27/08/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

VRN TO 1 THE SUBORDINATE JUDGE, ARANTHANGI.

2 THE PRINCIPAL DISTRICT MUNSIF, ARANTHANGI.

COPY TO:

1 THE SUB ASSISTANT REGISTRAR, A.E SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in SA(MD) SR No.52133 of 2023 Date :27/08/2024 SA/VR/SAR. /02.09.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3