R.Banumathi v. Surya Prabha

C.M.P.No.10711 of 2020 in S.A.No.SR86834 of 2011 P.T.ASHA, J., The respondents 1 and 3 have entered appearance through counsel. However, when the matter is called none have represented the case. The 2nd respondent has failed to claim the notice issued to him though intimation has been delivered to him twice. Therefore, notice is deemed to be complete on the 2nd respondent.

2. In the affidavit filed in support of the application to condone the delay of 658 days, the petitioner has brought out how he was made to go from one counsel to the other for filing the appeal and how one counsel by name, P.Vasuky, despite taking the fee has failed to process the Second Appeal. It is also seen that she has been giving wrong address and mobile numbers.

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P.T.ASHA, J., kan

3. The petitioner has given sufficient reasons for condoning the delay, which has not occurred at his end and only due to the conduct of the learned counsel whom he has engaged earlier. Considering the above the delay is condoned.

4. The Registry is directed to number the above Second Appeal.

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