G.Amirtha Kannan v. G.Thirumal Azhagan

C.M.P.No.

12637 of 202 in C.M.A.Sr.No.51509 of 2025 R. KALAIMATHI, J.

This Civil Miscellaneous Petition has been filed to condone the delay of 508 days in filing the above appeal.

2. Heard the learned counsel for the petitioner and the learned counsel for the 2nd respondent.

3. Despite the receipt of notice and the name having been printed in the cause list, the 1st respondent neither appeared nor entered appearance through his counsel.

4. The learned counsel for the 3rd respondent has got serious objections in allowing the application as the period of delay is very long.

5. The petitioner would aver that, on account of the accident, he suffered fracture and was hospitalized for about 40 days initially. He would further aver that till date, he is under treatment and due to financial constraints, delay of 508 days occurred in preferring the Civil Miscellaneous Appeal. Page No.1 / 2 https://www.mhc.tn.gov.in/judis

R. KALAIMATHI, J.

Mac

6. Accepting the averments made by the petitioner in the affidavit enclosed with the petition, this Court is inclined to allow this Civil Miscellaneous Petition subject to the condition that the interest for the delay period of 300 days alone shall stand waived. Accordingly, this Civil Miscellaneous Petition is ordered.

17.04.2026 Mac C.M.P.No.12637 of 2025 in C.M.A.Sr.No.51509 of 2025 Page No.2 / 2 https://www.mhc.tn.gov.in/judis