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Madras High CourtCMP/12574/2024ordered

Arumigu Karivaradharaja Perumal Temple v. Dhanalakshmi

2024-06-25Honourable Mrs Justice T.V.Thamilselvi1 pages

C.M.P.No. 12574 of 2024 in S.A. SR. No. 72739 of 2021 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 933 days in payment of deficit court fee of Rs.500/- in the above appeal.

2. Mr.K.Govindarajan, learned counsel for petitioner submitted that the Registry had returned the papers for want of compliance in payment of court fee and due to inadvertent mistake of clerk, returned papers got mixed up with disposed bundles and the same could not be traced immediately. Thereafter, after due search, it was traced. Hence, there is a delay of 933 days in payment of deficit court fee of Rs.500/- 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. Registry is directed to number the above Appeal if it is otherwise found to be in order and post the matter on 04.07.2024.

25.06.2024 rpp https://www.mhc.tn.gov.in/judis