BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Thirtieth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice MUMMINENI SUDHEER KUMAR MP(MD)No.3 of 2010 in SA.No.152 of 2003 Vellaichamy Ambalam ... Petitioner/Appellant Vs 1.Chinna Ambalam 2.Sonai Muni Ambalam ... Respondents/Respondents Prayer in MP(MD)No.3 of 2010 :- Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, to condone the delay of 196 days in filing restore the S.A.No.152 of 2003 setting aside order of dismissal dated 02.09.2008. Prayer in SA.No.152 of 2003:- Second Appeal has been filed under Section 100 of C.P.C., against the Judgment and Decree dated 29.12.2000 passed in A.S.No.59 of 1997 by the Additional District Judge, Dindigul, confirming the Judgment and Decree dated 09.12.1996 passed in O.S.No.1222 of 1992 by the I Additional District Munsif, Dindigul. ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.Ramsundarvijayraj, Advocate for the Petitioner and of Mr.G.Gomathi Shankar, Advocate for the Respondents, this Court made the following order:- Taking into consideration of the fact that the learned Single Judge of this Court has already imposed cost of Rs.1,00,000/- in CMP(MD).No.1483 of 2023 and also for the 1/3 https://www.mhc.tn.gov.in/judis reasons stated in the accompanying affidavit filed in support of this petition, the delay of 196 days in filing the application seeking the restoration of the main Second Appeal is condoned and consequently, this petition is ordered. 2. Registry is directed to verify and number the restoration petition if it is otherwise in order and post the same on 08.02.2024. Sd/- Assistant Registrar () // True Copy // /02/2024 Sub Assistant Registrar (CS-I,II,III,IV) To 1.The Additional District Judge, Dindigul. 2.The I Additional District Munsif, Dindigul. Copy to:- 1.The Sub Assistant Registrar (AE), Madurai Bench of Madras High Court, Madurai. 2.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. 2/3 https://www.mhc.tn.gov.in/judis ORDER DATED : 30/01/2024 ========================== ORDER ========================== MP(MD)No.3 of 2010 in SA.No.152 of 2003 Giving direction and etc. as stated within. KB(08.02.2024) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3 https://www.mhc.tn.gov.in/judis