M.Abdul Hassan v. Surilinarayanasami Pethi Naidu

C.M.P.No.12265 of 2024 in A.S.S.R.No.59022 of 2024 SATHI KUMAR SUKUMARA KURUP, J.

Learned Counsel for the Respondent present in Court objects to the petition stating that the delay had not been properly calculated. As per the submission of the learned Counsel for the Respondent, there is delay of 139 days.

2. Learned Counsel for the Petitioner submits that the Petitioner is bedridden and he also filed medical certificates to that effect in support of his claim.

3. Perusing the records it is found that the Petitioner enclosed medical certificate certified by Dr. Rohit Ravikumar, M.B.B.S., M.S (Orthopaedics).

4.Considering the special circumstances and the right of Appeal of a litigant, payment of cost is not imposed on the Appellant and the delay of 134 days in filing the Appeal is condoned.

5. Registry is directed to number the Appeal, if it is otherwise in order and post the same for admission.

6. Accordingly, this C.M.P is allowed.

09.01.2025 https://www.mhc.tn.gov.in/judis shl