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Madras High CourtCMP(MD)/13081/2024allowed

Muthusamy Udaiyar v. Dhamodaran

2024-09-23Honourable Mrs Justice S.Srimathy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Third day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in CRP(MD) SR No.64455 of 2023 1 MUTHUSAMY UDAIYAR 2 CHINNADURAI UDAIYAR ... Petitioners / Petitioners Vs 1 DHAMODARAN 2 KARUPPAIAH UDAIYAR ... Respondents / Respondents Civil 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 321 days in Representing the above Civil Revision petition in C.R.P.(NPD).(MD).No.SR.No.64455 of 2023.

Prayer in CRP(MD) SR No.64455 of 2023:

To set aside the fair and decreetal order made in EA No.139 of 2015 in EP No.43 of 2015 i O.S.No.253 of 2013 on the file of the learned District Munsif cum Judicial Magistrate Court, Kandaravakottai, dated 15.10.2022 and to set aside the same by allowing this civil revision petition. ORDER : This civil 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 V.MUTHU KAMATCHI, Advocate for the petitioners, the court made the following order:- 1/3

This Petition is filed to condone the delay of 321 days in representing the Civil Revision Petition before this Court.

2. Heard and perused the materials available on record.

3. Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition on payment of cost.

4. This petition is allowed on condition that the petitioners shall pay the cost of Rs.500/- (Rupees Five Hundred only) to the credit of Women Advocates Association, Madurai Bench of Madras High Court (Account No:6477041768, IFSC Code:- IDIB00H040, Indian Bank, High Court Branch, Madurai) for the purpose of maintaining Creche within a period of Four weeks from the date of receipt of a copy of this order.

5. On such payment being made, Registry is directed to number the Civil Revision Petition, if it is otherwise in order and list it for admission. sd/- 23/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA 2/3

To The District Munsif cum Judicial Magistrate, Kandarvakottai.

Copy to:

1.The Officer Incharge, Women Advocates Association, Madurai Bench of Madras High Court, Madurai.

2.The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai.

3.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in CRP(MD) SR No.64455 of 2023 Date :23/09/2024 ED/ JGB /SAR- (01/10/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3