M.K. Natarajan v. S. Babu

C.M.P.No. 12840 of 2023 in A.S. SR. No. 77811 of 2022 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 242 days in representing the above appeal.

2. Mrs.Vasudha Thiagarajan, learned counsel for petitioner submitted that the petitioner is aged about more than 75 years and due to lack of communication with regard to filing of appeal, the appeal papers could not be represented in time. In fact, she preferred an appeal in time, but due to deficiency of court fee, it was not taken on file. Hence, there is a delay of 242 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 for admission on 05.07.2023.

30.06.2023 rpp https://www.mhc.tn.gov.in/judis