Madras High CourtCMP(MD)/4731/2018allowed on condition

Balasubramanian v. Murugiah

2023-06-22Honourable Mr Justice P. Velmurugan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Thirty First day of July Two Thousand and Twenty Three PRESENT THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY CMP(MD) No.4731 of 2018 IN SA(MD) No.776 of 2016 BALASUBRAMANIAN ... PETITIONER/APPELLANT/ APPELLANT/PLAINTIFF Vs 1 MURUGAIAH 2 VELLAIAMMAL 3 VELU (NOW DIED) 4 PERUMAL 5 MADATHIAMMAL 6 GANAPATHI ... RESPONDENTS/RESPONDENTS/ RESPONDENTS/DEFENDANTS 7 RAKKAMMAL 8 MANIAMMAL ... PROPOSED RESPONDENTS/ LEGAL HEIRS OF THE 3rd RESPONDENT

Criminal 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 of 1046 days in preferring an application to set aside the order of abatement of the 3rd Respondent by name Velu, S/o.Chellan(Late) in connection with the Second Appeal bearing S.A.(MD).No.776 of 2016 on the file of this Hon'ble Court in view of his death on 17.01.2015 forthwith.

PRAYER IN SA(MD).776/2016:

Pleased to set aside the Judgment and Decree dated 12.06.2012 made in A.S.No.43 of 2010 passed by the Subordinate Court, Sankarankoil, Tirunelveli District confirming the judgment and decree dated 11.01.2010 made in O.S.No.29 of 2008 passed by the Principal District Munsif Court, Sankarankoil, Tirunelveli District and consequenly order the reliefs as sought for in the plaint. ORDER : This Criminal 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.PALANIVELAYUTHAM, Advocate for the petitioner, the Court made the following order:- This Court, by virtue of order dated 22.06.2023, allowed this petition on payment of cost.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner seeks extension of time to comply with the order passed by this Court.

3. The petitioner is directed to deposit the cost imposed by this Court on or before 31.08.2023.

4. List the matter on 01.09.2023 for 'reporting compliance'. sd/-- 31/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

mbi TO 1 THE SUBORDINATE JUDGE, SANKARANKOVIL, TIRUNELVELI DISTRICT.

2 THE PRINCIPAL DISTRICT MUNSIF, SANKARANKOVIL, TIRUNELVELI DISTRICT.

COPY TO:

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

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) No.4731 of 2018 IN SA(MD) No.776 of 2016 Date :31/07/2023 SS/VR/11/08/2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023