T.Lakshmi v. M.Vasantha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Sixth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN IN SA(MD)SR.No.46901 of 2015 T.LAKSHMI ... PETITIONER/PETITIONER Vs 1 M.VASANTHA 2 P.SUBBIAH, 3 T.UMA MURUGESWARI, 4 P.THANGAPANDI, 5 N.BALU, 6 M.GNANAPANDITHAN, 7 STATE REPRESENTED THROUGH ITS DISTRICT COLLECTOR, COLLECTRATE BUILDINGS, SIVAGANGAI.

8 THE SPECIAL TAHSILDAR, ADI DRAVIDAR WELFARE DEPARTMENT, COLLECTRATE CAMPUS,SIVAGANGAI. ... RESPONDENTS/RESPONDENTS 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 1611 days in the re-presentation of the appeal.

PRAYER IN SA(MD)SR.NO.46901 of 2015:

To reverse the decision of the courts below, rendered in the appeal A.S.No. 81 of 2006 dated 23/11/2007 by the court of the subordinate judge, sivaganga confirming the judgment and Decree dated 21.10.2005, made in O.S.No. 27 of 2003 the court of the Additional District Munsif Sivagangai, to decree the suit as prayed for and thus allow the second appeal with costs. 1/3

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.M.S.BALASUBRAMANIA IYER, Advocate for the petitioner, the court made the following order:- This Petition has been filed seeking to condone the delay of 1611 days in representing the appeal papers in the above Second Appeal.

2.Heard the learned counsel appearing for the Petitioner and perused the materials placed before this Court. 3.For the reasons assigned in Paragraph Nos.6 and 7 of the accompanying affidavit and also considering the length of delay, this Court is of the view that this Petition may be ordered, on payment of costs.

4.In view of the above, this Petition is ordered and the delay of 1611 days in representing the above Second Appeal is condoned on condition that the Petitioner pay a sum of Rs.1,000/- (Rupees One Thousand only) to the Advocate Clerk's Welfare Association, Madurai Bench of Madras High Court, bearing Account No.496039124 in Indian Bank, High Court Branch, Madurai, towards costs, within a period of one week from the date of receipt of a copy of this order, failing which, this Petition shall stand automatically dismissed, without further reference to this Court.

sd/- 06/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned TO THE ADDITIONAL DISTRICT MUNSIF, SIVAGANGAI.

THE SUBORDINATE JUDGE, SIVAGANGAI.

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COPY TO THE OFFICER INCHARGE ADVOCATE CLERK's WELFARE ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN SA(MD)SR.No.46901 of 2015 Date :06/12/2021 PKP/CN/SAR-4/09.12.2021/3P/4C 3/3