Banumathy v. A.Sekar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08-08-2025

CORAM

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN in SA(MD)SR.No. 64088 of 2024 1.Banumathy 2.Thangaponnu ... Petitioner / Petitioner Vs 1.A.Sekar 2.S.Sabarinathan 3.S.Sasikala ... Respondents / Respondents Prayer : This Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 185 days in filing this Second Appeal as against the judgment and decree dated 20.01.2023 passed in A.S.No.4 of 2022 on the file of the First Additional District and Sessions Judge (PCR), Tiruchirappalli, confirming the decree and judgment passed in O.S.No.484 of 2017 dated 22.11.2019 on the file of the II Additional Sub-Court, Tiruchirappalli.

For Petitioner : Mr.A.Banumathy For Respondents: No appearance 1/3

O R D E R

The Civil Miscellaneous Petition is filed to condone the delay of 185 days in filing this Second Appeal in S.A(MD)SR.No.64088 of 2024.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. This Court by order dated 27.03.2025, issued notice to the respondents. Notice to the respondents have been served and the names of the respondents are printed in the cause list. No one has entered appearance and there is no represented on the side of the respondent.

4. Heard the learned counsel for the petitioner, the learned counsel for the respondents and perused the affidavit filed in support of this petition.

5. The delay that occurred is explained in paragraph No.11 of the affidavit. Considering the fact that there is a delay of 185 days, I am of the considered opinion that the delay could be condoned by putting the petitioner on terms and allow the petitioners / appellants to prosecute the appeal on merits. The petitioner / appellant shall pay a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of the Women Advocates Association, Madurai Bench of Madras High Court (Account No.6477041768, IFSC Code: IDIB000H040, Indian Bank, High Court Branch, Madurai, Branch Code: 2001], for the purpose of maintaining Creche, within a period of two 2/3

weeks from today (08.08.2025), failing which, the Civil Miscellaneous Petition shall stand automatically dismissed without any further reference to the Court. sd/- 08/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO The Officer Incharge, The Women Advocates Association, Madurai Bench of Madras High Court, Madurai.

ORDER

IN in SA(MD)SR.No. 64088 of 2024 Date :08/08/2025 NBF/SAR- /19/08/2025/ 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3