G. Uma Thirumurugu v. G. Shanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-01-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 10038 of 2024 AND REV.APPL SR NO. 40974 OF 2024 G. Uma Thirumurugu Appellant(s) Vs G. Shanthi Respondent(s) For Appellant(s) :

Mr.S.S.Rajesh For Respondent(s) :

Mr. K.Elangovan

ORDER

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 125 days in filing the above Review Application against the order dated 19.10.2023 passed in C.R.P.No.23940 of 2023.

2. Mr.S.S.Rajesh, learned counsel for appellant submitted that as the certified copy of the order passed in C.R.P. No. 3883 of 2023 was received only on 23.02.2024, the Review Application was not filed within a stipulated time. Only when the counsel for plaintiff filed a memo before the lower court about the filing the C.R.P., she came to the knowledge about the order passed in C.R.P. However, there is a delay of 125 days in filing

the above Review Application arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above Review Application.

3. Mr.K. Elangovan, learned counsel for respondent appeared and raised formal objections in allowing this petition stating that sufficient reason was not assigned for the delay.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit seems to be justifiable one, this court is inclined to allow this petition. Registry is directed to number the Review Application if it is otherwise found to be in order and post the matter on 05.02.2025.

07.01.2025 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 10038 of 2024 in Rev. Appl.SR.. No. 40974 of 2024 07.01.2025