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Madras High CourtCMP(MD)/17526/2023allowed with costs

Sampoornathammal @ Sambu (Died), N.Balasundaram v. Santhi

2024-02-16Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Sixteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI IN SA No.1980 of 2001 SAMPOORNATHAMMAL @ SAMBU (DIED) N.BALASUNDARAM ... PETITIONER/PETITIONER/APPELLANT Vs SANTHI ... RESPONDENT/RESPONDENT/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 810 days in representing the C.M.P(MD) Sr.No.62325 of 2019 in S.A.No.1980 of 2001 on the file of this Honourable High Court and thus render justice. PRAYER IN C.M.P(MD) Sr.No.62325 of 2019:

To set aside order dated 16.08.2019 in S.A.No.1980 of 2001 to restore the Second Appeal on the file of this Hon'ble Court.

PRAYER IN S.A.No.1980 of 2001:

To prefer this memorandum of ground of Second Appeal against the Judgment and Decree dated 20.10.2000 made in A.S.No.120 of 1997 on the file of the Principal Sub Court, Thanjavur, confirming the judgment and decree dated 03.12.1996 made in O.S.No.152 of 1994 on the file of District Munsif Court, Thanjavur. 1/3

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.SARVABHAUMAN, Advocate for the petitioner, the court made the following order:- This petition has been filed to condone the delay of 810 days in representing the C.M.P(MD)SR.No.62325 of 2019 in S.A.No.1980 of 2001.

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.2,000/- (Rupees Two Thousand 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 two weeks from the date of receipt of a copy of this order.

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4. On such payment being made within the stipulated time, Registry is directed to number the petition, if it is otherwise in order and list it for admission. sd/- 16/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (CS- I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

tta TO 1.THE PRINCIPAL SUBORDINATE JUDGE, THANJAVUR, 2.THE DISTRICT MUNSIF, THANJAVUR.

COPY TO THE OFFICER IN CHARGE, DISTRICT SIDDHA MEDICAL OFFICER, CCRI, PERIYAKULAM

ORDER

IN IN SA No.1980 of 2001 Date :16/02/2024 RK/GS (23/02/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3