Rathinakumar v. The Special Tahsildar

C.M.P.No.8582 of 2022 in A.S.(SR).No.48185 of 2022 M.DURAISWAMY, J.

and SUNDER MOHAN, J.

(Order of the Court was made by Sunder Mohan,J.) The petition is to condone the delay of 1034 days in filing the appeal.

2.The learned counsel for the petitioners submitted that he has stated the reasons for the delay in paragraph nos.5 to 7 of affidavit filed in support of the petition. He further submitted that against the common award passed in L.A.O.P.Nos.346 of 2002 and 9 of 1997, an appeal in A.S.No.253 of 2022 was filed and the same is pending.

3.Though we are satisfied with the reasons stated in the affidavit filed in support of the petition, since the delay is on the higher side, in the interest of justice, the same can be condoned on payment of costs. Accordingly, the delay of 1034 days in filing the appeal is condoned on condition the petitioners paying a sum of Rs.5,000/- (Rupees five thousand only) to the respondents, within a period of three weeks from the date of receipt of a copy of this order, failing which, it is made clear that the petition shall stand dismissed automatically without any further reference to this Court.

The petition is ordered.

[M.D.,J.] [S.M.,J.] va 26.07.2022 https://www.mhc.tn.gov.in/judis Note: Issue order copy on 26.07.2022.