N.Balaji v. Ramanujam.K

C.M.P.No.3359 of 2026 in C.M.A.SR.No.18561 of 2026 A.D.JAGADISH CHANDIRA , J.

This petition has been filed seeking to condone the delay of 120 days in filing the Civil Miscellaneous Appeal.

2.

Learned counsel appearing for the petitioner/appellant submitted that R1 has died. He, however, submitted that R1 remained ex parte before the Tribunal and no order of pay and recover was passed.

Therefore, he prayed that notice to R1 may be dispensed with.

3.

Mr.N.Vijayaraghavan, learned counsel appearing for R2, submitted that no order of pay and recover was passed by the Tribunal and therefore, he has no objection to dispensing with the service of notice on R1.

4.

The reasons adduced in the affidavit filed in support of this petition being satisfactory, this Civil Miscellaneous Petition is ordered and consequently, the delay of 120 days in filing the appeal is condoned, subject to the condition that the claimants/petitioners will not be entitled to any interest for the delay period i.e., for 120 days, in the appeal. 19.06.2026 ham Note: Registry is directed to number the Civil Miscellaneous Appeal, if it is, otherwise, in order and list the same for admission in due course.

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