P. Ramasamy v. M. Shammugapriya

C.M.P.No.10019 of 2016 in C.R.P.(NPD).SR.No.43817 of 2016 M.DURAISWAMY,J.

There is a delay of 458 days in filing the Civil Revision Petition in C.R.P.(NPD).SR.No.43817 of 2016.

2.In the affidavit filed in support of the petition, the petitioner has stated that he was wrongly advised to file Civil Miscellaneous Appeal before the District Court as against the impugned order instead of Civil Revision Petition before this Court and only after contest of C.M.A.No.2 of 2012 on the file of the I Additional District and Sessions Court, Coimbatore, the Appeal was dismissed as not maintainable and therefore, there is a delay of 458 days in filing the Civil Revision Petition. 3.The learned counsel for the respondent submitted that the delay can be condoned on payment of costs.

4.In view of the submissions made by the learned counsel for the respondent, the delay of 458 days in filing the Civil Revision Petition is condoned on condition the petitioner paying a sum of Rs.2,000/- (Rupees two thousand only) to the respondent within one week from the date of receipt of a copy of this order. It is made clear that the petitioner is at liberty to pay the said amount of Rs.2,000/- to the learned counsel for the respondent before this Court in this petition within the stipulated time.

5.The petition is ordered.

va 05.08.2016