Kishorekumar Gokuldas v. Sanchaita Datta
in C.M.P.No.29087 of 2023 in A.S (SR) No.115505 of 2023 M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., (Order of the Court was made by M.SUNDAR.J.,) Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 02.01.2024 and 22.01.2024, which read as follows:
'Proceedings dated 02.01.2024 Captioned 'Civil Miscellaneous Petition' (hereinafter 'C.M.P.' for the sake of brevity and convenience) has been filed for 'condonation of delay' ('COD') prayer qua 540 days delay in presentation of captioned main appeal.
2. The support affidavit dated 31.08.2023 which is a common affidavit qua interim stay prayer also does not contain any averment regarding delay much less reasons for delay.
3. Faced with the above situation, Mr.B.Deepak Narayanan, learned counsel for petitioners/appellants sought time to do course correction. Request acceded to.
4. List after a fortnight. List on 22.01.2024 in the 'Motion List'.'
'Proceedings dated 22.01.2024 Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 02.01.2024.
2. Adverting to aforementioned earlier proceedings, Mr.B.Deepak Narayanan, learned counsel submits that he has filed 1/3
an amendment application in C.M.P.No.1632 of 2024.
3. List captioned matter along with C.M.P.No.1632 of 2024 a fortnight hence.
List on 05.02.2024.'
2. The aforesaid two previous proceedings are telltale qua essentials imperative for appreciating this order and it also captures the trajectory the matter has taken. Therefore, we are not setting out the same again.
3. Pursuant to aforesaid proceedings captioned CMP [C.M.P.No.1632 of 2024] has been taken out.
4. Considering the trajectory and the innocuous nature of the prayer, captioned CMP is ordered as prayed for.
5. Amended affidavit to be filed by Friday i.e., by 16.02.2024. List C.M.P.No.29087 of 2023 one week hence. List on 19.02.2024. (M.S.,J.) (K.G.T.,J.) 12.02.2024 gpa 2/3
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., gpa in C.M.P.No.29087 of 2023 in A.S (SR) No.115505 of 2023 12.02.2024 3/3