Madras High CourtA/2231/2025allowed

M.Punniyakotti And Another v. M.Lakshmipathy

2025-06-17Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-06-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN A No. 2231 of 2025 in T.O.S. No.81 of 2024

1. M.Punniyakotti S/o.Late D.Munusamy, No.76/20, P.E.Koil North Mada Street, Ayanavaram, Chennai - 600 023.

2.Mrs.Geetha W/o.Late Thulasidoss, No.16/32, 2nd Street, Tagore Nagar, Ayanavaram, Chennai - 600 023.

Applicant(s) Vs M.Lakshmipathy S/o.Late D.Munusamy, No.12/179, G.K.M.Colony, Pappammal Street, Chennai - 600 082.

Respondent(s)

PRAYER Pass an order to condone the delay of 96 days in filing the written statement before this Honble Court in T.O.S.No.81 of 2024, pending on the file of this Honble Court.

For Applicant(s):

M/S.A. Balasingh Ramanujam For Respondent:

Mr. S. Saravanan

ORDER

This application has been filed seeking to condone the delay of 96 days in filing the written statement.

2. In the affidavit filed in support of the Application it had been contended that though request had been placed, the petition and the documents had not been served on the applicants and therefore, the applicants had to apply for certified copies. It had been further stated that the applicants are also not financially secured and that the first applicant is also suffering from ill health. Owing to all these reasons there was a delay in giving instructions to the learned counsel to prepare the written statement.

3. Counter affidavit had been filed wherein it had been stated that details of the physical sufferings of the applicant had not been stated.

4. The actual issue is about non service of copies of the petition and the documents which have already been filed, to the applicants. In view of the above, the delay stands condoned . The Written statement filed on behalf of the defendants is taken on file.

17-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To M.Lakshmipathy S/o.Late D.Munusamy, No.12/179, G.K.M.Colony, Pappammal Street, Chennai - 600 082.

C.V. KARTHIKEYAN, J.

bga A No. 2231 of 2025 in T.O.S. No.81 of 2024 17.06.2025 (1/2)