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Madras High CourtCMP/2179/2018allowed

Subbiah (Deceased) v.

2019-10-14Honourable Mr Justice R. Suresh Kumar2 pages

C.M.P.No.2179 of 2018 C.M.P.No.2179 of 2018 in C.R.P.(NPD)SR.No.76814 of 2017 R.SURESH KUMAR, J.

This is a petition to condone the delay of 295 days in filing the CRP.(NPD)Sr.No.76814 of 2017.

2.Before filing the main CRP, the father of the petitioner, who was originally the party in the suit filed the first appeal before the First Appellate Court and after filing the first appeal, the father died. Therefore, the legal heirs had to take up the issue and to prefer this main revision petition, therefore, there has been a delay in filing the CRP.

3.I have considered the said submission made by the learned counsel appearing for the petitioners and perused the reasons stated therein.

4.Though notice had been served on the respondent and the name of the respondent had been shown in the cause list, when the case is called, no one is present.

1/2 http://www.judis.nic.in

C.M.P.No.2179 of 2018 R.SURESH KUMAR, J.

Sgl 5.In view of the said reason where the main party i.e., the father of the present petitioners, died during the pendency of the first appeal from where the main revision arising out of the said proceedings from the First Appellate Court, the said reason is acceptable. Accordingly, the delay is condoned and the petition is ordered. 14.10.2019 Sgl C.M.P.No.2179 of 2018 in C.R.P.(NPD)SR.No.76814 of 2017 2/2 http://www.judis.nic.in