Kausalya v. K.K.Muthusamy

C.M.P.No.6314 of 2021 in S.A.SR.No.22997 of 2021 M.SUNDAR, J Captioned CMP has been filed with a prayer for condonation of delay (COD) qua 35 days delay in filing second appeal.

2. Mr.G.K.Muthukumar, learned counsel for sole petitioner and Mr.S.Sathish learned counsel representing Mr.V.Anandhamurthy counsel on record for respondents are before this Virtual Court.

3. The reason for delay is articulated in paragraph No.6 of the supporting affidavit and perusal of the same shows that the lock down and closure of chamber is the primary reason.

4. Learned counsel for respondents pointed out that provision was made to retrieve papers from chambers on specified dates and the petitioner could have used of the same and avoided the delay. 1/2 https://www.mhc.tn.gov.in/judis/

M.SUNDAR, J mk

5. Be that as it may, considering that the delay sought to be condoned is only 35 days and considering the other averments in the supporting affidavit which says that the counsel in Chennai prepared papers and lock down enforced thereafter, this Court is inclined to accede to COD prayer.

6. Ergo, the captioned Civil Miscellaneous Petition is allowed. There shall be no order as to costs.

24.06.2021 mk C.M.P.No.6314 of 2021 in S.A.SR.No.22997 of 2021 2/2 https://www.mhc.tn.gov.in/judis/