Ushanandhini v. P. Venkatapathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN C.M.P No. 30084 of 2024 in A.S.SR.No.61764 of 2023 Ushanandhini W/o. Narayanan, No.9, 4th Cross, Manakula Vinayagar Nagar, Puducherry - 5.

Appellant(s) Vs

1. P. Venkatapathy S/o. Periyanna Gounder, Res. at No.23, Mariamman Koil Street, Kondareddipalayam, Mannadipet Commune, Puducherry.

2.Dhanalakshmi W/o. Venkatapathy, Res. at No.23, Mariamman Koil Street, Kondareddipalayam, Mannadipet Commune, Puducherry.

3.V. Ravichandiran S/o. Venkatapathy, Res. at NO.23, Mariamman Koil Street, Kondareddipalayam, Mannadipet Commune, Puducherry.

4.Revathy @ Umadevi S/o. Thamilselvam, No.69, Munuthri Mangalam Street, Sanjeevi Nagar, Thiruchitrambalam Post, Puducherry - 111.

5.Balachandiran S/o. Venkatapathy, No.23, Mariamman Koil Street, Kondareddipalayam, Mannadipet Commune, Puducherry.

6.B. Balasubramanian S/o. Balakrishnan, Res. at No.1, Peramanar Koil Street, Koonichampet, Mannadipet Commune, Puducherry.

7.Ajitha W/. Balasubramanian, Res. at No.1, Peramanar Koil Street, Koonichampet, Mannadipet Commune, Puducherry.

Respondent(s) PRAYER The Civil Miscellaneous Petition is filed under Order 41 Rule 3 (A) of C.P.C. to condone the delay of 333 days in filing the present Appeal. For Appellant(s):

Mr. J.Antony Jesus For Respondent(s):

M/s V Srimathi For R1 to 3 and R5 to 7 R-4 No appearance

ORDER

J.NISHA BANU J.

and M.JOTHIRAMAN J.

This Civil Miscellaneous Petition has been filed to condone the delay of 333 days in filing the above appeal.

2.Though the notice has been served and the name has also been printed in the cause list, none appeared on behalf of respondent No. 4.

3. The learned counsel appearing for respondent Nos.1 to 3 and 5 to 7, has raised serious objections for condoning the delay.

4. Though the learned counsel for respondent Nos.1 to 3 and 5 to 7 has raised serious objections, this Court is of the view that the delay may be condoned on payment of costs.

5. Accordingly, the delay is condoned on payment of costs of Rs.1,500/- (Rupees One Thousand and Five Hundred only) by the petitioner to the Tamilnadu State Legal Services Authority, Chennai, on or before 14.08.2025.

6. On payment of costs, the Registry is directed to number the appeal and post it "for admission" 18.08.2025, if the same is otherwise in order. If the costs is not paid on or before 14.08.2025, this C.M.P. stands dismissed without any reference to this Court.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 31-07-2025 ASI To The Member Secretary, Tamilnadu State Legal Services Authority, Chennai.

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

ASI C.M.P No. 30084 of 2024 in A.S.SR.No.61764 of 2023 31-07-2025