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Madras High CourtCMP/1586/2019ordered

Ranjithammal v. D.Rani

2025-03-17Honourable Mrs Justice T.V.Thamilselvi4 pages

CMP NO. 1586 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 1586 of 2019 in SA.SR.No.4103 of 2019 RANJITHAMMAL W/o Late Chinnadurai, Both Residing At Mariamman Koil St., Melpakkam Colony, Pathirputhur Post, Arakkonam and another Appellant(s) Vs D.Rani All Are Residing At Ocheri Road, Melpakkam Colony, Parthipudur Post, Arakkonam Tk, Vellore Dt. and 10 Others Respondent(s) For Appellant(s):

M/s.J.Shanmuga Sundara Babu For Respondent(s):

M/s.G.Jeremiah For Rr1 & 4 To 9 R2 And R3 - Died Batta Due R10 And R11

ORDER

This Petition has been filed to condone the delay of 335 days in filling above SA.SR.No.4103 of 2019.

2. Heard the learned counsel for the appellants and learned counsel for the respondents. The material available on record has been perused. 3.The learned counsel for respondents 4 to 9 raised strong objections, stating that the period of delay was not calculated correctly and that it amounted to more than 400 days.

4. The petitioners responded that the delay was caused due to a lack of communication from the lower court counsel, who had applied for the copy application belatedly. As a result, the decree of the appeal could not be obtained in time.

5. This Court is inclined to condone the delay, subject to costs.

6. The petitioners / appellants are directed to pay a sum of Rs.3,000/- (Rupees Three thousand only) to the contesting respondents 4 to 9, within a period of two weeks from the date of this order. On such payment, the delay of 335 days in filling the above SA.SR.No.4103 of 2019, stands condoned.

7. Accordingly, this Civil Miscellaneous petition is allowed.

8. Registry is directed to list the above Second Appeal after numbering the same, if they are otherwise in order, on 08.04.2025. 17-03-2025 rri To

1. RANJITHAMMAL W/o Late Chinnadurai, Both Residing At Mariamman Koil St., Melpakkam Colony, Pathirputhur Post, Arakkonam and another 2.The Subordinate Judge, Arakkonam.

3. The District Munsif, Arakkonam.

T.V.THAMILSELVI, J.

rri CMP NO. 1586 of 2019 in SA.SR.No.4103 of 2019 17.03.2025