Abdul Khader v. M.Jiyavudeen

C.M.P.No. 10291 of 2024 in S.A. SR. No. 60246 of 2022 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 609 days in payment of court fee of Rs.5100/- in the above appeal.

2. Mr.U.Karunakaran, learned counsel for petitioner submitted that at the time of filing appeal, the court fee was paid as per the decree made in A.S.No. 4 of 2020, however, for the relief of partition, the fixed court fee for this court is Rs.5000/-, but inadvertently, it was not paid. Hence, he may be permitted to pay additional court fee. In the meanwhile, there is a delay of 609 days in payment of court fee arose and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit seems to be justifiable one. Accordingly, this court is inclined to allow this petition on condition that the petitioner shall pay a cost of Rs.1500/- payable to the Tamil Nadu State Legal Services Authority, Chennai within a period of one week from today and on such deposit, Registry is directed to number the above Second Appeal if it is otherwise found to be in order and post the matter on 18.06.2024. 06.06.2024 rpp https://www.mhc.tn.gov.in/judis