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Madras High CourtA/6776/2016allowed on condition

Mallika v. K.Vijayalakshmi

2017-01-09Honourable Mr Justice N. Sathish Kumar3 pages

A.No.6776 of 2016 in C.S.No.581 of 2011 N.Sathish Kumar, J., This application has been filed to condone the delay of 1399 days in filing the 2nd defendants written statement and permit her to file the same.

2. The other side has no serious objection for filing the 2nd defendants written statement, however submitted that the delay has not been properly explained.

3. Having regard to the nature of allegations found in the application and suit itself is filed for partition, I am of the view that all the parties are necessary to decide of the suit and in order to give a fair chance to the parties for effective adjudication of the "lis" between them, this Court is inclined to condone the delay. Accordingly, this application is allowed, subject to payment of cost of Rs.5,000/- (Rupees Five thousand only) payable to the plaintiff's counsel on or before 23.01.2017.

3. The Registry is directed to post this matter on 24.01.2017 for reporting compliance.

09.01.2017

nvi

N.Sathish Kumar, J., nvi A.No.6776 of 2016 in C.S.No.581 of 2011 09.01.2017 http://www.judis.nic.in