Vedi v. Kaliammal

CMP NO. 10273 of 2025 AND SA SR NO. 167988 OF 2024 T.V.THAMILSELVI This Civil Miscellaneous Petition has been filed seeking to accept the deficit court fee of Rs.6400/- and to condone the delay of 129 days in payment of deficit court fee in the above second appeal.

2. Mr.Prakash Adiapadam, learned counsel for petitioners submitted that while preferring the above second appeal, due to inadvertence, the court fee payable was wrongly calculated and hence, a deficit court fee of Rs.6400/- is to be affixed in the above appeal. However, there is a delay of 129 days in the said payment arose and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Mr. M.Sivavarthanan, learned counsel for caveator/1st respondent appeared and raised formal objections in allowing this petition.

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 above Second Appeal if it is otherwise found to be in order and post the matter on 29.04.2025.

24.04.2025 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 10273 of 2025 in S.A.SR.. No. 167988 of 2024 24.04.2025 https://www.mhc.tn.gov.in/judis