Aisha v. T. Rajendran

A.No.5506 of 2025 in C.S.No.34 of 2025 A.No.5506 of 2025 in C.S.No.34 of 2025 P.DHANABAL, J.

This application has been filed to condone the delay of 127 days in filing the written statement of the applicant/second defendant in C.S.No.34 of 2025. 2.

According the applicant, the plaintiff filed the suit seeking declaration of various deeds and for permanent injunction. The suit summons was duly served on the applicant. However, due to his preoccupation and other personal commitments, and he is residing in Mumbai, he was unable to come to Chennai to meet his counsel in time, which resulting the delay of 127 days in filing the written statement.

3.

The learned counsel appearing for the first respondent/plaintiff strongly objected the application, contending that the reasons stated in the affidavit for the delay in 127 days, are not satisfactory and that the petition is liable to be dismissed.

4.

This Court has heard both sides and perused the records. 5.

Considering the reasons stated in the affidavit, and also considering the number of days delay in filing the Written Statement of the applicant/second defendant, and in order to give a fair chance to the applicant to defend the case effectively, it is proper and necessary to allow this application. Hence, the delay is condoned.

11.11.2025 (1/2) klt Note: Registry is directed to list the matter on 19.11.2025. https://www.mhc.tn.gov.in/judis

A.No.5506 of 2025 in C.S.No.34 of 2025 P.DHANABAL, J.

klt A.No.5506 of 2025 in C.S.No.34 of 2025 11.11.2025 (1/2) https://www.mhc.tn.gov.in/judis