Madras High CourtCMP(MD)/12107/2023allowed on condition

Anthony Arockiyasamy (Died), 1. Paripuranam, v. Mariya Soosai Anthony Ammal (Died), 1. Mariyasenkolragini,

2023-09-14Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN SA(MD)SR.No.18454 of 2020 ANTHONY AROCKIYASAMY (DIED), ... ORIGINAL DEFENDANT 1 PARIPURANAM 2 RONALD REEGAN, 3 JOSHPIN DEEPA, 4 JOHNPAUL, 5 ALEXPANDIYAN, 6 MINOR. VERONISHIYA, REP.BY HER FATHER NATURAL GUARDIAN 5th APPELLANT ALEXPANDIYAN ... PETITIONERS/APPELLANTS Vs MARIYA SOOSAI ANTHONY AMMAL (DIED), 1 MARIYASENKOLRAGINI 2 JOSPHIN STELLA, 3 SAHAYABABIRANI, 4 AMUTHA @ AKANASHIYAL, 1/4

5 M.AROCKIYASAMY, ... RESPONDENTS/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 545 days in representing the main Second Appeal in S.A.(MD). Sr. No. 18454 of 2020 on the file of this Honourable Court and thus render justice. PRAYER IN SA(MD)SR.No.18454/2020:

Pleased to set-aside the Judgment and Decree dated 13.08.2019 passed in A.S.No.8 of 2013, on the file of the Principal District Court, Ramanathapuram modifying the Judgment and Decree dated 17.01.2013 passed in O.S.No.56 of 2008 on the file of the Sub Court, Ramanathapuram, by allowing this main 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 M/S.D.NALLATHAMBI, Advocate for the petitioners, the court made the following order:- This petition has been filed to condone the delay of 545 days in representing the above appeal.

2. Heard the learned counsel for the petitioners and perused the materials available on record.

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

4. Accordingly this petition is allowed. The petitioner is directed to pay a sum of Rs.1,000/- (Rupees One Thousand only) as cost to the credit of the Account Number (A/c.No.7567821433, Indian Bank, High Court Branch Madurai (2001), IFSC 2/4

Code:IDIB000H040) opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, for donating law books in the name of "Madurai Bench of Madras High Court" in Kalaignar Centenary Library, Madurai, within a week from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court. sd/- 14/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE PRINCIPAL DISTRICT JUDGE, RAMANATHAPURAM.

2 THE SUBORDINATE JUDGE, RAMANATHAPURAM.

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 OFFICER INCHARGE, KALAIGNAR CENTENARY LIBRARY, MADURAI.

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ORDER IN IN SA(MD)SR.No.18454 of 2020 Date :14/09/2023 SA/VRS/SAR. /20.09.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4