Madras High CourtCMP(MD)/9495/2023allowed with costs

Panchavarnam (Died) 1. Maharajan v. K. Bose

2023-08-16Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Sixteenth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN SA(MD)SR.No.20707 of 2018 PANCHAVARNAM (DIED) 1 MAHARAJAN, 2 THANGAM, 3 LOGASUNDARAM 4 UMA MAHESWARI 5 LEELA, 6 VELMURUGAN.

7 VENKATRAMAN 8 GANDHIMATHI ... PETITIONERS/APPELLANTS Vs 1 K.BOSE 2 KALIAMMAL, 3 ANGURATHINAM, 1/4

4 SEENIVASAN, SELVAVINAYAGAM (DIED) 5 RAJI MURUGAMBIGAI, 6 LAVAMANIYAL, 7 ATCHAYA, ... RESPONDENTS/RESPONDENTS 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 in 1133 days in representing the appeal in SA.SR (MD). No.20707 of 2018 and thus render justice.

PRAYER IN SA(MD)SR.No.20707 of 2018:

To prefer this Second Appeal against the Judgment and Decree passed in A.S.No.26/2010 on the file of the Additional Sub Court, Dindigul dated 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.VS.KARTHI, Advocate for M/s.V.S.ASSOCIATES for the petitioner, the court made the following order:- This petition is filed to condone the delay of 1133 days in representing the second appeal.

2. Heard the learned counsel appearing for the petitioners.

3. I have perused the affidavit filed in support of this petition. Being satisfied with the reasons stated in the affidavit and considering the inordinate delay, this Court is inclined to allow this petition on payment of costs. Accordingly, this petition is allowed on condition to pay the cost of Rs.2,000/- (Rupees Two Thousand only) to 2/4

the credit of the Account Number: 7567821433, Indian Bank, High Court Branch Madurai (2001), IFSC Code:IDIB000H040, opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books in the name of 'Madurai Bench of Madras High Court' to Kalaignar Centenary Library, Madurai, within a period of two weeks from the date of receipt of a copy of this order, failing which this petition shall stand dismissed.

4. On such payment being made, Registry is directed to number the appeal, if it is otherwise in order and list it for admission under the usual course. sd/- 16/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO 1 THE ADDITIONAL SUBORDINATE JUDGE, DINDIGUL.

2 THE PRINCIPAL DISTRICT MUNSIF, DINDIGUL.

COPY TO:

1 THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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2 THE SUB ASSISTAT REGISTRAR A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

4 THE OFFICER INCHARGE, KALAIGNAR CENTENARY LIBRARY, MADURAI.

ORDER IN CMP(MD) No.9495 of 2023 IN SA(MD)SR.No.20707 of 2018 Date :16/08/2023 SA/VR/SAR. /21.08.2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4