Mahalakshmi v. Rajendran

CMP No.23105 of 2023 in AS SR No.20544 of 2023 C.V.KARTHIKEYAN, J.

and K.RAJASEKAR, J.

(Order of the Court was made by C.V.Karthikeyan, J.) This petition has been filed seeking to condone the delay of 260 days in filing the above appeal in AS SR No.20544 of 2023.

2.Appeal had been filed by the 1st, 2nd and 3rd defendants challenging the preliminary decree granted for partition and separate possession in OS No.58 of 2014, on the file of the I Additional District and Sessions Judge, Cuddalore.

3.Notice had been directed in the petition and the learned counsel for R1 & R2 had entered appearance.

4.In the affidavit filed in support of the petition it had been stated that owing to medical reasons, the appellants were not in a position to present the appeal in time. As a matter of fact, it is seen from the records that it had been presented in the year 2023 and under the purview of the Registry, the petition had been numbered. It is also to be noted that the respondents remained ex-parte during trial.

5.Taking all these factors into consideration, the delay stands condoned. Registry is directed to number the appeal, if it is otherwise in order and list the appeal for admission. Registry may also print the name of the counsel for R1 & R2 in the cause list when the appeal is posted for admission.

(C.V.K.J., ) (K.R.S.J., ) sli 19.06.2026 https://www.mhc.tn.gov.in/judis