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Madras High CourtA/1432/2022delay condoned

P.Nagavalli v. S.Dhandapani

2022-03-31Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

A.No.1432 of 2022 in T.O.S.No.30 of 2018 V.BHAVANI SUBBAROYAN, J.

Application No.1432 of 2022 has been filed to pass an order excusing the delay of 1211 days in filing the Written Statement. 2.Heard Ms.P.Valamathi, learned counsel representing MrS.Jaganathan, counsel on record for the applicant and Mr.P.S.Vansantha Kumar, learned counsel for the respondent.

3.Applicant submitted that she has filed caveat on 20.04.2016 and the copy of the suit papers were served on her on 12.07.2018. Due to Covid pandemic situation, she was unable to contact her counsel to file the Written Statement. On 16.12.2021, the applicant filed her Written Statement with a delay of 1211 days in filing the Written Statement. She further submitted that only due to the above said reason, she could not file the Written Statement within time.

V.BHAVANI SUBBAROYAN, J.

https://www.mhc.tn.gov.in/judis 1/2

pam 4.Learned counsel for the respondent has no serious objection in allowing this application.

5.Having satisfied with the reasons stated in this affidavit filed in support of this application and considering the applicant being a Senior Citizen, this Court is inclined to allow the Application No.1432 of 2022 to condone delay of 1211 days in filing the Written Statement. Accordingly, this application is allowed only on payment of cost of Rs.1,000/- to be paid to the Advocate Clerks Association on or before 14.04.2022, failing which the application would be stand dismissed automatically without any further reference to this Court.

6."For Reporting Compliance", post the matter on 19.04.2022. 31.03.2022 pam A.No.1432 of 2022 in T.O.S.No.30 of 2018 https://www.mhc.tn.gov.in/judis 2/2