Madras High CourtCMP(MD)/1137/2023ordered

Pandarakannu Thevar, v. Murugan,

2023-02-02Honourable Mr Justice B.Pugalendhi2 pages

CMP(MD) No.1137 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Second day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CMP(MD) No.1137 of 2023 in SA(MD)SR.No.19925 of 2021 1 PANDARAKANNU THEVAR, 2 PANDIAN, 3 ATHIMOOLA THEVAR, 4 RAMASAMY THEVAR, ... PETITIONERS/APPELLANTS Vs 1 MURUGAN, 2 S.MURUGAIAH, ... 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 526 days in representing in S.A.(MD). SR. No. 19925 of 2021 on the file of this Honourable Court. PRAYER IN SA(MD)SR.No.19925 of 2021:

Pleased to allow this Second Appeal and set aside the Judgment and Decree dated 25.04.2018 passed in A.S.No.39 of 2012 on the file of the Additional Subordinate Judge, Thenkasi reversing the judgment and decree dated 09.01.2012 made in O.S.NO. 86 of 2009 on the file of the Principal District Munsif Court, Thenkasi. 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 C.M.GANESAN, Advocate for the petitioner, the court made the following order:- This petition is filed to condone the delay of 526 days in representing the appeal papers in SA(MD)SR.No.19925 of 2021.

2. Heard the learned counsel appearing for the petitioners.

3. Considering the enormous delay in representing the second appeal papers, this petition can be allowed on payment of costs. https://www.mhc.tn.gov.in/judis 1/2

CMP(MD) No.1137 of 2023

4. Accordingly, this petition is allowed on condition that the petitioners shall pay a sum of Rs.2,000/- (Rupees two thousand only) to the Dispensary attached to this Bench, within a period of two weeks from the date of receipt of a copy of this order, failing which, this petition shall stand automatically dismissed. sd/- 02/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO THE ADDITIONAL SUBORDINATE JUDGE, TENKASI.

THE PRINCIPAL DISTRICT MUNSIF, TENKASI.

COPY TO THE OFFICER INCHARGE, DISPENSARY, MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.

ORDER

IN CMP(MD) No.1137 of 2023 in SA(MD)SR.No.19925 of 2021 Date :02/02/2023 PKP/VR/SAR-3/09.02.2023/2P/4C https://www.mhc.tn.gov.in/judis 2/2