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Madras High CourtCMP(MD)/10560/2021allowed

K.Manokaran v. Angammal

2021-12-20Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

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 C.M.P(MD)Nos.10560 and 10562 of 2021 in S.A(MD)SR.Nos.49344 and 49345 of 2018 IN C.M.P(MD)No.10560 of 2021:

K.MANOKARAN ... PETITIONER/ APPELLANT Vs 1 ANGAMMAL 2 PALANICHAMY 3 LOGANATHAN 4 RAMATHAL 5 SELVI 6 S.LAKSHMIPATHIRAJ 7 R.THIRUPPATHI 8 THE STATE REP.BY THE DISTRICT COLLECTOR, DINDIGUL DISTRICT, DINDIGUL.

9 THE STATE REP.BY THE DIVISIONAL REVENUE OFFICER, PALANI, DINDIGUL DISTRICT.

10 THE STATE REP.BY THE TAHSILDAR, OTTANCHATHIRAM TALUK, DINDIGUL DISTRICT.

11 V.CHINNASAMY 12 PALANIAMMAL 13 K.BOOPATHI ... RESPONDENTS/ RESPONDENTS IN C.M.P(MD)No.10562 of 2021:

K.MANOKARAN ... PETITIONER/ APPELLANT Vs 1 ANGAMMAL 2 PALANICHAMY 3 LOGANATHAN 1/3

4 RAMATHAL 5 SELVI ... RESPONDENTS/ RESPONDENTS Prayer in CMP(MD). 10560/ 2021 in S.A(MD)SR.No.49344 of 2018: 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 514 days in representing the Second Appeal in SA.SR.(MD)No.49344 of 2018.

Prayer in CMP(MD). 10562/ 2021 S.A(MD)SR.No.49345 of 2018: To condone the delay of 514 days in representing the Second Appeal in SA.SR.(MD)No.49345 of 2018.

Prayer in S.A(MD)SR.No.49344 of 2018:

To set aside the Judgment and decree passed dated 13.07.2018 made in A.S.No.88 of 2017 on the file of the Additional District Court(Fast Track Court) Palani, Dindigul District Partly confirming judgment and decree passed dated 16.09.2014 made in O.S.No.216 of 2018 on the file of District Munsif Court, Ottanchathiram, Dindigul District and allow this Second Appeal.

Prayer in S.A(MD)SR.No.49345 of 2018:

To set aside the Judgment and decree passed dated 13.07.2018 made in Cross Appeal A.S.No.94 of 2017 on the file of the Additional District Court(Fast Track Court) Palani, Dindigul District Partly confirming judgment and decree passed dated 16.09.2014 made in O.S.No.216 of 2018 on the file of District Munsif Court, Ottanchathiram, Dindigul District and allow this Second Appeal. ORDER : These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.G.GOMATHI SANKAR, Advocate for the petitioner in both the petitions and of MR.G.MOHANKUMAR, Advocate for the 2nd respondent in both the petitions and MR.G.SURIYANANTH, Additional Government Pleader on behalf of the Respondents 8 to 10 in CMP(MD).

10560/ 2021, the court made the following order:- These Petitions have been filed seeking to condone the delay of 514 days in filing the above Second appeals. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The learned counsel appearing for the respondents has no objection in allowing this Petition.

4.In view of the same,these petitions are ordered and the delay of 514 days in filing the above Second Appeal is condoned on condition that the Petitioner pays a sum of Rs.500/-(Rupees Five Hundred only) each as costs to the Government Higher Secondary 2/3

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 JUDGE, ADDITIONAL DISTRICT COURT(FAST TRACK COURT), PALANI, DINDIGUL DISTRICT 2 THE DISTRICT MUNSIF, OTTANCHATHIRAM, DINDIGUL DISTRICT COPY TO:

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

ORDER IN C.M.P(MD)Nos.10560 and 10562 of 2021 in S.A(MD)SR.Nos.49344 and 49345 of 2018 Date :20/12/2021 MK/JM/SAR-I/27.12.2021/3P/4C 3/3