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Madras High CourtCMP/3465/2024ordered

A.Balasubramaniyam (Died), 1. B.Janaki v. A.Vijayakumar

2024-03-08Honourable Mr Justice Rmt. Teekaa Raman1 pages

C.M.P.Nos.3465 and 3466 of 2024 in A.S.SR.No.137722 of 2022 RMT.TEEKAA RAMAN,J., This appeal suit has been filed to condone the delay of 277 days in re-presenting the above appeal suit. The same was allowed on payment of costs of Rs.5000/- before the Tamil Nadu Mediation and Conciliation Centre attached to this Court and the amount has has to be paid within one week from 07.12.2023, but the payment has been made only on 07.02.2024. However it was belatedly paid. Due to the wrong noting of the days, the present applications has been filed.

2. For condoning the delay of 33 days in restoration petition to set aside the order, I find that it is necessary to exercise power confined to this Court under Section 151 C.P.C and taking note of the fact that the amount has been paid on 07.02.2024 and the receipt has been produced by the Tamil Nadu Mediation and Conciliation Centre, I am inclined to allow these petitions. Consequently the order in C.M.P Nos.26834 of 2023 is set aside. Consequently, the Appeal Suit has to be numbered.

08.03.2024 https://www.mhc.tn.gov.in/judis nvi