Madras High CourtCMP(MD)/6134/2018allowed

Azhagusamy, v. Karuppayeeammal,

2021-12-20Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

CMP(MD) No.6134 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twentieth day of December Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN CMP(MD) No.6134 of 2018 IN SA(MD) No.SR22304 of 2016 AZHAGUSAMY, ... PETITIONER/APPELLANT Vs 1 KARUPPAYEEAMMAL, 2 CHANDRASEKARAN 3 MARUTHASAMY 4 KALAISELVI 5 SUNDARAMMAL ... RESPONDENT/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 2430 days, in preferring the second appeal against the Judgment and Decree dated 10/07/2009 made in A.S.No.73 of 2008 on the file of the Learned Subordinate Judge, Sankarankovil, confirming the Judgment and Decree dated 29/04/2008 made in O.S.No. 169 of 2005 on the file of the Learned District Munsif Court, Sivagiri.

PRAYER IN SA(MD)SR.NO.22304 of 2016:

To pleased to call for the records relating to the Judgment and Decree passed in A.S.No. 73 of 2008 on the file of Learned Subordinate Judge, Sankarankovil dated 10/07/2009, confirming the judgment and Decree passed in O.S.No. 169 of 2005 on the file of the Learned District Munsif Court, Sivagiri dated 29/04/2008 and set aside the same by allowing this Second Appeal. 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 MR.G.RAVISANKAR, Advocate for the petitioner, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.6134 of 2018 This Petition has been filed seeking to condone the delay of 2430 days in filing the above Second appeal. 2.Heard the learned counsel appearing for the petitioner and perused the materials placed before this Court. 3.In view of the same,this petition is ordered and the delay of 2430 days in filing the above Second Appeal is condoned on condition that the Petitioner pays a sum of Rs.1000/-(Rupees one thousand only) as costs to the Government Higher Secondary School, Y. Othakadai, Madurai, bearing Account No.10968750674, 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/- 20/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, SANKARANKOVIL.

2 THE DISTRICT MUNSIF SIVAGIRI.

COPY TO THE OFFICER INCHARGE, GOVERNMENT HIGHER SECONDARY SCHOOL, Y.OTHAKADAI, MADURAI.

+1. C.C. to M/S. G.RAVISANKAR Advocate SR.No.39611(I)

ORDER

IN CMP(MD) No.6134 of 2018 IN SA(MD) No.SR22304 of 2016 Date :20/12/2021 AAV PKP/JM/SAR-3/23.12.2021/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2