Nallammal (Deceased) v. Sellammal

C.M.P.No. 9359 of 2023 in A.S. SR. No. 41399 of 2022 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 172 days in representing the above appeal.

2. Mr.P.Sreenivasulu, learned counsel for petitioner submitted that the registry returned the papers on 13.05.2022 for certain compliance. While so, along with the above appeal, the appellants have also filed other appeals against a common judgment vide SR.Nos.41399 and 41461 of 2022 and subsequently, the present appeal was represented only on 10.10.2022 after complying the defects. Furthermore, due to the pendency of other appeals before the different Examiners for scrutinising it, they were not able to follow the present appeal. Hence, there is a delay of 172 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 and post the matter on 27.06.2023.

28.04.2023 rpp https://www.mhc.tn.gov.in/judis