Bhairagi Mutt Arulmighu Thiruvenkadamudayan Venkatatesha Perumal Thirukoil v. Sangeetha And 3 Others

P.VELMURUGAN, J.

This application has been filed to condone the delay of 1395 days in filing the written statement.

2. Learned counsel for the first respondent/plaintiff has filed his counter affidavit stating that the suit summons served on 12.02.2018 itself and the applicant/second defendant has not filed the written statement on time.

3. Learned counsel for the applicant/second defendant would submit that the suit summon was served on the temple represented by Maharajapathi. However, there is no post as Maharajapathi. He would also submit that the applicant/second defendant came to know about the said suit, only after this court has suo moto impleaded the fourth defendant on 08.09.2021. Thereafter due to restriction imposed on temples with regard to Covid-19 pandemic situation in respect of entry of devotees, the applicant/second defendant was unable to file the written statement along 1/3

with the application to condone the delay even after coming to know about the pending suit and now filed the present application to condone the delay of 1395 days in filing the written statement represented by its Manager.

4. Heard and perused.

5. The reasons stated in the accompanying affidavit is satisfied and the delay is condoned. Accordingly, this application is allowed.

6. Registry is directed to take the written statement filed by the applicant/second defendant along with this application, on record, if it is otherwise in order and list the matter for framing issues on 25.04.2022.

7. The learned counsel are directed to file their draft issues, if any, before 25.04.2022.

19.04.2022 nl 2/3

P.VELMURUGAN, J.

nl 19.04.2022 3/3