Thangam (Died) 2.K.Vairavan v. S.Ramakrishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Eighth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY CMP(MD)Nos.9850 and 9751 of 2023 IN 1 THANGAM (DIED) 2.K.VAIRAVAN 3 V.PREMA (DIED) 4 KALA 5 SHANTHI 6 JANARTHANAM ... PETITIONERS/APPELLANTS IN BOTH PETITIONS Vs 1 S.RAMAKRISHNAN 2 S.VASU 3 S.RAJESWARI 4 C.MAHAMAYI 5 STATE OF TAMIL NADU REP.BY ITS DISTRICT COLLECTOR, SIVAGANGAI.

1/5

6 M.MANICKAM (DIED) 7 SIVAGANGAI MUNCIPALITY REP BY COMMISSIONER, SIVAGANGAI.

8 G.LAKSHMI 9 G.JEEVA 10 G.MANIMEGALAI 11 G.VADIVELKUMAR 12 G.JANAKI 13 S.SAROJA 14 S.SENTHILKUMAR ... RESPONDENTS 1 TO 14/ RESPONDENTS 1 TO 14 IN BOTH PETITIONS 15 M.PALANISAMY 16 M.MUTHUMARI 17 M.JEYABHARATHY (15 TO 17 LRs OF 6th RESPONDENT) ... PROPOSED RESPONDENTS 15 TO 17 IN BOTH PETITIONS Prayer in CMP(MD). 9850/ 2023 :

Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to modify the condition order in C.M.P.(MD).No.2425 of 2023 in S.A.(MD).No.682 of 2006 dated 05-07-2023 and pass such further or other order or orders as it may deem fit. 2/5

Prayer in CMP(MD). 9751/ 2023 :

To pass an order to Extension of time for payment of cost in CMP(MD). No. 2425 of 2023 in SA(MD). No. 682/2006 dated 05.07.2023. PRAYER IN SA(MD).682/2006:

To prefer this Memorandum of Grounds of Second Appeal against the judgment and decree dated 30.10.2003 and made in AS.No.234 of 1999 on the file of Principal District Judge, Sivagangai, confirming the judgment and decree dated 17.11.1999 made in OS.No.48 of 1996 on the file of Additional District Munsif Court, Sivagangai.

PRAYER IN CMP(MD).2425/2023:

Pleased to condone the delay of 5138 days in filing the application for set aside the abatement caused due to the death of the 6th respondent in the above S.A.(MD). No.682 of 2006 on the file of this Hon`ble High Court, and thus render justice. ORDER : This Civil Miscellaneous Petitions coming up for orders on this day, upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of M/S.S.WHITE KENNEDY, Advocate for the petitioner in both Petitions, the court made the following order:- These petitions are filed to modify the conditional order dated 05.07.2023 and to extent the time for payment of cost.

3/5

2.It is stated by the learned counsel for the petitioners that this Court by order dated 05.07.2023 passed the conditional order to deposit a sum of Rs.50,000/- towards costs. However, the petitioners could not pay the said amount because the suit land is 1-1/2 cents. Hence, they seek to reduce the cost amount. 3.Considering the said request, this Court is inclined to reduce the cost to Rs.2,000/-. The said amount shall be paid on or before 21.08.2023. 4.List on 21.08.2023.

sd/- 08/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SKN TO 1 THE PRINCIPAL DISTRICT JUDGE, SIVAGANGAI 2 THE ADDITIONAL DISTRICT MUNSIF, SIVAGANGAI COPY TO:

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

4/5

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

ORDER

IN CMP(MD)Nos.9850 and 9751 of 2023 IN Date :08/08/2023 SA/VR/SAR. 4/14.08.2023/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5