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Madras High CourtCMP/8334/2020allowed on condition

M.Radhakrishnan v. Mohammed Ayub (Deceased)

2021-03-02Honourable Mr Justice Krishnan Ramasamy2 pages

Cmp.No.8334 of 2020 in SA.SR.No.44253 of 2020 dt.02.03.2021 Cmp.Nos.8334 & 8318 of 2020 in SA.SR.Nos.44253 & 44257 of 2020 KRISHNAN RAMASAMY, J The learned counsel for the petitioner submitted that the petitioner's son-in-law /Manikandan met with an accident, therefore, he has not given the appeal papers in time, therefore, there was a delay of 182 days in filing the above Second Appeal in SA.SR.No.44253 of 2020 and the delay of 177 days in filing Second Appeal in SA.SR.No.44257 of 2020. In this regard, he has also mentioned the said reason in his affidavit. 2.Learned counsel for the respondent has submitted that on perusal of the affidavit, there is no sufficient reasons provided in respect of the delay and opposed the application.

3.On perusal of the affidavit and upon hearing the submissions on both sides, it is stated in the affidavit that due to the petitioner's son-in-law / Manikandan met with an accident, the delay has occurred. Accordingly, the delay of 182 and 177 days in filing the above Second Appeal in SA.SR.Nos.44253 & 44257 of 2020 is condoned and the civil miscellaneous petitions are allowed on condition of payment of costs of Rs.1000/- for each of the petitions to the Honourable Chief Justice Relief Fund on or before 15.03.2021.

02.03.2021 (1/2) klt https://www.mhc.tn.gov.in/judis/ 1/2

Cmp.No.8334 of 2020 in SA.SR.No.44253 of 2020 dt.02.03.2021 KRISHNAN RAMASAMY.J., klt Cmp.No.8334 of 2020 in SA.SR.No.44253 of 2020 02.03.2021 (1/2) https://www.mhc.tn.gov.in/judis/ 2/2