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Madras High CourtCMP(MD)/4164/2016allowed on condition

Kumarasami Asari, v. Sethu Asari,

2023-06-15Honourable Mr Justice P.Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fifteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) Nos.4164, 4165 & 4166 of 2016 IN SA No.1226 of 2002 1 KUMARASAMI ASARI, 2 NEELAKANTA ASARI, 3 GANAPATHY ASARI, ... PETITIONERS 1 TO 3/PETITIONERS 1 TO 3/ APPELLANTS 1 TO 3 in ALL THE PETITIONS 4 NAINAR ASARI(DIED), ... 4th RESPONDENT in SA BY HIS LRs in ALL THE PETITIONS 5 P.USHA, 6 N.CHITRA RAMESH, 7 N.KUMAR 8 N.RAHINI, ... PETITIONERS 5 TO 8/PROPOSED APPELLANTS 5 TO 8 in ALL THE PETITIONS Vs 1 SETHU ASARI, 2 SIVATHANU ASARI, 3 RAMASAMY, 4 P.SHOBANA, 5 A.SARASWATHY, 6 N.SEETHA, 7 S.USHA, 8 K.NAGAN, ... RESPONDENTS/RESPONDENTS/RESPONDENTS in ALL THE PETITIONS

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 2179 days caused in representation of the above M.P.S.R.No.46332/2009.

Prayer in CMP(MD). 4165/ 2016 :

To Condone the delay of 2179 days caused in representation of the above M.P.S.R.No.46333/2009.

Prayer in CMP(MD). 4166/ 2016 :

To Condone the delay of 2179 days caused in representation of the above M.P.S.R.No.46334/2009.

Prayer in SA. 1226/ 2002 :

To prefer this memorandum of Second Appeal against the judgment and Decree passed in A.S.No.41/1998 on the file of the Sub-Judge, Padmanabhapuram dated 7/3/2002 confirming the judgment and Decree passed in O.S.No.1008/1993 dated 29/1/1998 on the file of the Additional District Munsif Court, Padmanabhapuram. ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of M/S.S.RAMESH, Advocate for the petitioner in all the cases, the Court made the following order:- These applications are filed to condone the delay of 2179 days caused in representation of the above M.P.S.R.Nos.46332 to 46334 of 2009.

2.Though the reasons stated in the accompanying affidavits filed in support of the Petitions are not satisfied, however, in order to give an opportunity to the parties, the delay of 2179 days in all the petitions are condoned on condition that the petitioners shall deposit a sum of Rs.10,000/- each (Rupees Ten Thousand only) towards costs before the Registry to the credit of C.M.P(MD) Nos.4164 to 4166 of 2016 within 10 days, provided, on or before 27.06.2023 and on deposit of the same, the petitions shall stand allowed, failing which, the Petitions shall stand automatically dismissed without further reference to this Court. 3.List the matter on 28.06.2023 for filing compliance report. sd/- 15/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AM

TO THE SUBORDINATE JUDGE, PADMANABAPURAM.

THE ADDITIONAL DISTRICT MUNSIF PADMANABAPURAM.

COPY TO :

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

THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.RAMESH, Advocate ( SR-8942[I] dated 16/06/2023 )

ORDER

IN CMP(MD) Nos.4164, 4165 & 4166 of 2016 IN SA No.1226 of 2002 Date :15/06/2023 SS/MMS/20/06/2023/3P/8C