← Library
Madras High CourtCMP/10086/2023ordered

Vijayakumar v. Vikramapandian

2023-04-28Honourable Mrs Justice T.V.Thamilselvi1 pages

C.M.P.No. 10086 of 2023 in A.S. SR. No. 98029 of 2022 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 149 days in representing the above appeal.

2. Learned counsel for petitioner submitted that the petitioner has filed the appeal on 05.09.2022, which was returned by the registry on 29.12.2022 for certain compliance. While so, when he was rectifying defects, the bundle got mixed up with the other bundles and after tracing out the bundle and after making necessary corrections, he represented the appeal. However, there is a delay of 149 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. 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. 28.04.2023 rpp https://www.mhc.tn.gov.in/judis