Madras High CourtCMP/18328/2021ordered

Manonmani v. Selvamani

2021-11-11Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Thursday, the Eleventh day of November Two Thousand Twenty One PRESENT THE HON`BLE MR.JUSTICE S.S.SUNDAR CMP.No.18328 of 2021 IN AS.SR.No.65330 of 2019 MANONMANI [ PETITIONER ] Vs 1 SELVAMANI [ RESPONDENTS ] 2 SHANTHI 3 THAMARAISELVI 4 BALASUBRAMANIAN 5 THANGAVEL 6 SHANTHA 7 BASKARAN 8 SARAVANAN GOVINDARAJAN (DIED)

9. SREENIVASAN 10 BASKAR 11 R.MANIYAN 12 MOHANAMBAL 13 AMUTHA 14 SUNDARAMBAL 15 MOORTHY

16 KUMAR 17 KANAPPAN 18 NIRMALA 19 PERIYASAMY 20 RAMASAMY DHAMALINGAM ASARI (DIED)

21. APPADURAI (Respondents 5 to 21 are not necessary parties and they are given up in the present appeal.) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 597 days in representing the above AS.SR.No.65330 of 2019.(IN CMP.No.18328/2021) Order : This petition coming on this day for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.P.MANI, Advocate for the petitioner and of M/S.R.THANJAN, Advocate (caveater) for the Respondents, the court made the following order:- This petition is filed seeking to condone the delay of 597 days in representing the above appeal suit.

2.Though it is stated that the delay is neither willful nor wanton, having regard to the factual averments, this Court is of the view that the petitioner could have avoided the delay. 3.Since the reasons stated in the affidavit filed in support of this petition cannot be ignored, this Court is inclined to allow this petition on terms.

4.Accordingly, the petition stands allowed and the delay of 597 days in representing is condoned on condition that the petitioner shall pay a sum of Rs.1000/- [Rupees One Thousand only] to the Tamil Nadu State Legal Services Authority, High Court, Chennai, within a period of two weeks from today.

-sd/- 11/11/2021 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE ADDITIONAL DISTRICT JUDGE, ARIYALUR.

COPY TO 2 THE SECRETARY, TAMIL NADU STATE LEGAL SERVICE AUTHORITY, HIGH COURT, MADRAS-104.

Order in CMP.No.18328 of 2021 IN AS.SR.No.65330 of 2019 Date :11/11/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format TP(16/11/2021)