N.M.Shanmugam v. Santhi Ammal

C.M.P.No.1962 of 2020 in S.A.SR.No.157879 of 2019 M.SUNDAR, J Mr.Sundresh, learned counsel for petitioner and Mr.B.Ramprabu learned counsel for respondent are before this Virtual Court.

2. Captioned CMP is with a prayer for condonation of delay (COD).

3. The ground on which COD is sought is articulated in paragraph No.7 of supporting affidavit and the reason is health issues and medical treatment.

4. Learned counsel for respondent submitted that there are other averments regarding possible amicable settlement among relatives and all these may not be wholly correct. Learned counsel submits that the petitioner should have been more diligent and second appeal should have been filed earlier.

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M.SUNDAR, J mk

5. This Court having considered submissions on both sides, having perused the supporting affidavit, is of the view that the COD prayer deserves to be acceded to, leaving open the averments regarding settlement talks as it is largely predicated on ill health and medical treatment/medical grounds.

6. Accordingly, the Civil Miscellaneous Petition is ordered as prayer for. There shall be no order as to costs. 23.06.2021 mk C.M.P.No.1962 of 2020 inS.A.SR.No.157879 of 2019 2/2 https://www.mhc.tn.gov.in/judis/