Siva Subramania Nadar (Died), 2) S.S.Baskar, v. Arulmigu Pathira Kaliamman Kovil

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Thirtieth day of October Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN in SA.No.1285 of 2003

1. Siva Subramania Nadar (Died)

2. S.S.Baskar

3. S.S.Janarthanan

4. S.S.Jayakumar

5. S.S.Mohan

6. S.S.Sundar

7. P.Geetha

8. J.Sujatha ... Petitioners/Appellants Vs 1 Arulmigu Pathira Kaliamman Kovil Rep. by its Present Huqdar S.Veldurai S/o. Senthoorapandi, Pathira Kalliamman Kovil Street, Kootampuli Tuticorin Taluk Tuticorin - 628 103.

... Respondent/Respondent Prayer :- Civil Miscellaneous Petition Under Section 5 of the Limitation Act to Condone the delay of 476 days in filling the application to set aside the order dated 25.04.2023 1/3

passed by this court dismissning the above S.A.No.1285 of 2003 for non-prosecution, and thus render justice.

Prayer in SA. 1285 of 2003 :

Second Appeal filed Under Section 100 of the Code of Civil Procedure against the judgment and Decree dated 02.12.2002 in A.S.No.43 of 1999 on the file of the Sub Court, Tuticorin confirming the judgment and Decree dated 05.04.1999 in O.S.No.116 of 1997 on the file of the Additional District Munsif Court, Tuticorin. ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.V.Balaji, Advocate for the Petitioner and of None having appeared respondent either in person or an Advocate for the respondents, this Court made the following order:

This petition is filed to condone the delay of 476 days in filing the restoration petition, which was dismissed for non-prosecution on 25.04.2023 in the above Second Appeal.

2.The learned counsel appearing for the respondent has no objection for allowing the petition.

3.Being satisfied with the reasons stated in the affidavit filed in support of the petition, this petition is ordered and the restoration petition itself is also ordered in the S.R stage and the same is restored to file. 2/3

4.Post the main Second Appeal for hearing on 22.11.2024. Sd/- Assistant Registrar (CO) // True Copy // /11/2024 Sub Assistant Registrar (CS- I, II, III, IV) Ps TO

1. The Subordinate Judge, Tuticorin.

2. The Additional District Munsif, Tuticorin. Copy to:

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

ORDER DATED : 30/10/2024 ==========================

ORDER

========================== in SA.No.1285 of 2003 Giving direction and etc.

as stated within.

RD(14/11/2024) 3 P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3