Kannusamy Naicker (Died) v. Natarajan Naicker

C.M.P. No. 8158 of 2021 in A.S.SR.No. 26915 of 2020 C.M.P. No. 8158 of 2021 in A.S.SR.No. 26915 of 2020 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 66 days in filing the above appeal.

2. Mr.S.Mukunth, learned counsel for appellants submitted that as they were not aware of the limitation to file the appeal, it was not filed in time. When they visited their counsel recently, they came to know about the same, thereby they gave the details to challenge the decree and accordingly, the appeal was filed. However, there is a delay of 66 days in filing the above appeal arose and the delay is neither willful nor negligent. Therefore, he filed this petition to condone the delay in filing the above appeal.

3. The learned counsel for respondents 1, 3, 7 and 9 have appeared and submitted that they have 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. Registry is directed to number the Appeal immediately if it is otherwise found to be in order and post the matter on 21.06.2023.

21.04.2023 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 8158 of 2021 in A.S.SR.No. 26915 of 2020 T.V.THAMILSELVI, J.

rpp C.M.P.No. 8158 of 2021 in A.S.SR.. No. 26915 of 2020 21.04.2023 https://www.mhc.tn.gov.in/judis