P.Umapathy, v. K.Krishnamurthy

A.No.616 of 2024 in C.S.No.51 of 2022 N.SATHISH KUMAR.J This application has been filed to condone the delay of 608 in filing the written statement with counter claim in C.S.No.51 of 2022.

2. The learned counsel for the respondent has no serious objection in allowing this application.

3. Having regard to the nature of the allegations found in the affidavit with regard to the delay and previous litigation between the plaintiff and vendor of the applicant, which is gone upto the Apex Court and in fact decree was passed in favour of the plaintiff, the reasons assailed in the application is not convincing. However, in order to give a fair opportunity. I am inclined to condone the delay subject to the cost of Rs.20,000/- payabel to Adayar Cancer Institute on or before 26.02.2024.

5. Accordingly, this application is allowed.

6. The Registry is directed to post the main suit on 27.02.2024 for reporting compliance.

https://www.mhc.tn.gov.in/judis 13.02.2024 vsn