Madras High CourtCMP(MD)/7830/2018allowed

S.Palanichamy v. Nagajothi

2022-08-04Honourable Mr Justice P. Velmurugan2 pages

CMP(MD) No.7830 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourth day of August Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.7830 of 2018 IN AS No.1079 of 1989 S.PALANICHAMY ... PETITIONER/APPELLANT Vs 1 NAGAJOTHI 2 MINOR BABU SRIDHAR 3 MINOR DEEPA SRI 4 MINOR SATHIS KUMAR 5 MUTHUMAMUNDI 6 J.PALANIAPPAN 7 T.M.ASARABH 8 JANABA BEEVI ... RESPONDENT/RESPONDENTS (MINORS RESPONDENTS 2 TO 4 ARE REP.THROUGH THEIR NATURAL GUARDIAN AND NEXT FRIEND THE 1ST RESPONDENT) 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 4453 days in filing petition to set aside the order dated 28.04.2006 made in the above appeal. PRAYER IN AS.No.1079 of 1989:

To prefer to this Honourable Court this memorandum of grounds of regular appeal against the Judgment and Decree dated 31.03.1989 in O.S.No.581 of 1987 on the file of the Subordinate Judge, Madurai. 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 M/S.T.M.HARIHARAN, Advocate for the petitioner, the court made the following order:- Earlier order of this Court, dated 19.07.2022 has been complied with and to that effect, a Cost Memo dated 28.07.2022 has been filed and the same is recorded.

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CMP(MD) No.7830 of 2018

2. The Registry is directed to take the petition to set aside the ex-parte order, if it is otherwise in order and list the matter on 12.08.2022.

sd/- 04/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, MADURAI.

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.

ORDER IN CMP(MD) No.7830 of 2018 IN AS No.1079 of 1989 Date :04/08/2022 AKV USK/VR/SAR-III/08.08.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2