P. Savithiri v. M Paulraj

C.M.P.No. 5350 of 2023 in A.S. SR. No. 84077 of 2022 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 187 days in representing the above said appeal in A.S.SR.No.84077 of 2022 before this court.

2. Mr.S.Sudhakar, learned counsel for petitioners submitted that the above appeal was returned on 11.08.2022 for compliance of certain defects and he was asked to provide certain documents, which are marked as exhibits before the trial court. So, he has filed copy application before the trial court and the same was furnished by the trial court only on 03.01.2023 and thereafter, it was forwarded to the counsel on record. However, as the bundle was also misplaced and mixed up with disposed case bundles, he was not able to represent the petition in time. Hence, there is a delay of 187 days arose in representing the above appeal and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Ms.Usha Ramman, learned counsel for respondent appeared and submitted his no objection in allowing this petition.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this court is inclined to allow this petition and Registry is directed to number the Appeal Suit if it is otherwise found to be in order and post the matter for admission on 23.03.2023.

16.03.2023 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 5350 of 2023 in C.R.P.SR.No. 84077 of 2022 16.03.2023