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Madras High CourtCMP(MD)/8468/2019dismissed as infructuous

P.Raman v. P.S.Ramasamy Thevar,

2024-04-30Honourable Mr Justice S. Sounthar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Thirtieth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice S.SOUNTHAR IN SA(MD) No.548 of 2009 1 P.RAMAN 2 P.RAKKAYEE AMMAL, P.LAKSHMI (DIED), 3 P.MUTHUSAMY, 4 P.PARAMASIVAM, 5 P.CHINNA PONNU, 6 RAVANAN, 7 RAMANI, 8 RADHA ... PETITIONERS/APPELLANTS Vs P.S.RAMASAMY THEVAR, ... RESPONDENT/RESPONDENT 1/3

Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to extent the time for pay the cost to the Chief Justice Relief Fund in the Second Appeal in SA.No.548 of 2009 dated 27.02.2019 and thus render justice. PRAYER IN SA(MD)No.548/2009:

To prefer this memorandum of Grounds of Second Appeal against the decree and judgement dated 23.01.2009 passed in A.S.No.46/2008 by the Principal District Judge, Madurai, set aside the decree and judgement dated 30.03.2007 passed in O.S.No.470 of 2003 on the file of District Munsif, Madurai Taluk. 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.MUNIYANDI, Advocate for the petitioner and of Mr.BABU RAJENDRAN, Advocate on behalf of the Respondent, the court made the following order:- The petitioners have filed this petition seeking an extension of time to pay cost as ordered by this Court on 27.02.2019.

2. Subsequently, the second appeal was dismissed for default on 12.03.2019 and the said dismissal order was set aside and the second appeal was restored to file by order dated 26.09.2019 on condition that the petitioners shall pay a sum of Rs.2,000/- to the Chief Justice Relief Fund. The said order was complied by the petitioners as seen from the memo filed by the learned counsel for the petitioners/appellants dated 03.10.2019.

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3. In the view of the same, nothing survives in this petition. Accordingly, this Civil Miscellaneous Petition is dismissed as infructuous. sd/- 30/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CP TO 1 THE PRINCIPAL DISTRICT JUDGE, MADURAI.

2 THE DISTRICT MUNSIF, MADURAI.

ORDER

IN IN SA(MD) No.548 of 2009 Date :30/04/2024 SA/VR/SAR. /20.05.2024/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3