Madras High CourtCMP/4694/2023ordered

T. Murugesan v. S. Murugan

2023-03-14Honourable Mr Justice S. Vaidyanathan,Honourable Mrs Justice R. Kalaimathi2 pages

C.M.P.No.4694 of 2023 in A.S.Sr.No.7097 of 2022 S.VAIDYANATHAN, J.

And R.KALAIMATHI, J.

Ms.R.Krithika, learned counsel appearing for the Petitioner submitted that the father of the Petitioner passed away on 15.06.2021 and the Petitioner came to know about the Judgment and decree passed by the Trial Court, only after the demise of the Petitioner's father and hence there is no willful default on the part of the Petitioner in filing the Appeal in time.

2. The learned counsel appearing for the 1st Respondent would submit that the 1st Respondent is ready and willing to settle the matter and hence he has no objection for the delay being condoned.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition and in view of no objection having been stated by the learned counsel appearing for the Petitioner, this petition is allowed and the delay of 2307 days in filing the above Appeal is condoned.

(S.V.N.,J) (R.K.M.,J) 14.03.2023 arr Note: Registry is directed to number this Appeal, if it is otherwise in order and post on 05.04.2023.

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