M.D. Nirmalakumari v. Sudhakar

C.M.P.No. 8809 of 2021 in A.S. SR. No. 32280 of 2020 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 83 days in preferring the above appeal.

2. Mr.G.Krishnamurthy, learned counsel for petitioner submitted that the 2nd petitioner being a lady and senior citizen, she is not aware of filing of appeal in time and also due to her age and ill-health, she was not able to contact her counsel and she is unable to file the appeal in time. However, there is a delay of 83 days arose in representing the above appeal and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this court is inclined to allow this petition and Registry is directed to number the above Appeal if it is otherwise found to be in order. 20.04.2023 rpp https://www.mhc.tn.gov.in/judis