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Madras High CourtCMP(MD)/12703/2023allowed on condition

S.Muthulekshmi Alias Thagammal v. S.Ramchandran Achari

2023-09-25Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Fifth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN SA(MD)SR.No.84 of 2020 1 S.MUTHULEKSHMI @ THAGAMMAL, 2 S.MURUGAN ... PETITIONERS/APPELLANTS Vs 1 S.RAMCHANDRAN ACHARI 2 A.KUMARASWAMY ACHARI 3 G.PADMANABHAN ACHARI ... 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 617 days in representing the above seond appeal in SA(MD)Sr.No.84 of 2020.

PRAYER IN SA(MD)SR.No.84 of 2020:

To prefer this Memorandum of Second Appeal against the judgment and decree dated 09.04.2019 passed in A.S.No.40 of 2015 on the file of Principal Subordinate Judge at Nagercoil reversing the judgment and decree dated 26.03.2014 passed in O.S.No.360 of 2006 on the file of 1st Additional District Munsif, Nagercoil. 1/3

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 M/S.M.P.SENTHIL, Advocate for the petitioner and of on behalf of the Respondents the court made the following order:- This petition has been filed to condone the delay of 617 days in representing the second appeal.

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

3. This petition is allowed on condition that the petitioner to pay the cost of Rs.1,500/- (Rupees One Thousand and Five Hundred only) to the credit of District Siddha Medical Officer, CCRI, Periyakulam (A/c.No.10767823177, IFSC Code:SBIN0000898, State Bank of India, Periyakulam Branch) within a period of one week from the date of receipt of a copy of this order.

4. On such payment being made, Registry is directed to number the appeal, if it is otherwise in order and list it for admission. sd/- 25/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TTA TO 1 THE PRINCIPAL SUBORDINATE NAGERCOIL.

2 THE I ADDITIONAL DISTRICT MUNSIF, NAGERCOIL.

COPY TO:

1 THE SUB ASSISTANT REGISTRAR, A.E.SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM.

ORDER

IN Date :25/09/2023 SA/DD/SAR. /03.10.2023/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3