Perumal (Died), Ramayee (Died) 1. Selvambal v. Maruthairajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-03-2025
CORAM
THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP No. 4976 of 2025 & CMP NO. 4981 OF 2025 in SA SR NO. 63833 OF 2022,SA SR NO. 63834 OF 2022 Perumal (died), Ramayee (died)
1. Selvambal and 4 others Appellant(s) Vs
1. MARUTHAIRAJAN Respondent(s) CMP No. 4981 of 2025 Ramayee (died)
1. Selvambal Appellant(s) Vs
1. MARUTHAIRAJAN
2.The State of Tamil Nadu Rep by Dist.Collector, Perambalur Dist.
Respondent(s) PRAYER To condone the delay in 946 days paying the deficit stamp duty of Rs. 100 (Rupees One Hundred Only) in SR No.63833/2022 date 22.07.2022. CMP No. 4981 of 2025 PRAYER To condone the delay in 946 days paying the deficit stamp duty of Rs.100/- (Rupees One Hundred only) in SR No.63834/2022 date 22.07.2022. For Appellant(s) in both C.M.P.s:
Mr. T. Jayaramaraj
ORDER
These Civil Miscellaneous Petitions have been filed seeking to condone the delay of 946 days in payment of deficit court fee in the above Second Appeals.
2. Mr.T.Jayaramaraj, learned counsel for petitioners submitted that while preferring the above Second Appeals, due to inadvertence, the court fee payable was wrongly calculated and full court fee was not paid. Later, he came to know that deficit court fee was affixed in the above appeal. However, there is a delay of 946 days in the said payment arose and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petitions.
3. Considering the facts and circumstances, and the reasons stated by the petitioners in the affidavit seems to be justifiable one, this court is inclined to allow these petitions. Registry is directed to number the above Second Appeal if it is otherwise found to be in order and post the matter on 02.04.2025. 05-03-2025 rpp Index:Yes/No Speaking/Non-speaking order Internet:Yes
T.V.THAMILSELVI J.
rpp CMP Nos. 4976 of 2025 & 4981 of 2025 in SA SR Nos.63833 & 63834 of 2022 05-03-2025