Muthu Rakku Ammal (Died) v. Bose@Poosari (Died)

CMP(MD) No.4411 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty Second day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD) No.4411 of 2023 IN SA No.2054 of 2000 MUTHU RAKKU AMMAL (DIED)

RAMAKRISHNAN (DIED) ...--/APPELLANTS 1 & 2 S.R. KANNAN, ... PETITIONER/3rd APPELLANT Vs BOSE@POOSARI (DIED) ..---/SOLE RESPONDENT

1 PANGAJAM, 2 CHINNAMMAL, 3 SEENIAMMAL 4 VELMURUGAN ... RESPONDENTS/PROPOSED 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 336 days in filing a petition to restore the above Secon Appeal. PRAYER IN SA NO. 2054 of 2000: To begs to prefer the above Memorandum of Second Appeal against the judgment and decree passed in A.S.No. 50 of 1998 on the file of the Principal District Judge, Sivagangai, dated 16.12.1998 by reversing the Judgment and Decree passed in O.S.NO. 28 of 1994 on the file of the District Munsif, Manamadurai dated 17.02.1998. 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. V.SHABTHAKIRI RAJA, Advocate for the petitioner, the court made the following order:- CMP(MD) No.4411 of 2023 This petition has been filed to condone the delay of 336 days in filing the petition to restore the above said second appeal.

2.Though the reasons stated in the accompanying affidavit filed in support of this petition are not satisfied, in order to give an opportunity to the parties to prosecute the appeal, the delay of 336 days is condoned on condition that the petitioner shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) towards costs before the Registry to the credit of CMP(MD)No.4411 of 2023 within a period of ten days from today and on deposit of the same, the petition shall stand allowed, failing which, the petition shall stand dismissed automatically without further reference to this Court.

¶3List the matter on 07.07.2023 for filing compliance report. sd/- 22/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. skn TO 1 THE PRINCIPAL DISTRICT JUDGE, SIVAGANGAI. 2 THE DISTRICT MUNSIF, MANAMADURAI. COPY TO

¶1THE REGISTRAR (JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶2THE SUB ASSISTANT REGISTRAR,

AE SECTION MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶3THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

¶4THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CMP(MD) No.4411 of 2023 IN SA No.2054 of 2000 Date :22/06/2023 PKP/CG/SAR- /27.06.2023/ 2P/7C