Angelina Selvarani Francis v. Nathan Francis Anand Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU in CMA.SR.No.67738 of 2025 Angelina Selvarani Francis W/o. Nathan Francis Anand Kumar, Flat No.A-4, Mahalakshmi Flats, No.18, Karneegar Street, Nerkundram, Chennai - 600 107.

Appellant(s) Vs Nathan Francis Anand Kumar S/o. Late F.S. Nathan, No.87, N.M.K.

Street, Ayanavaram, Chennai - 600 023.

Respondent(s) Prayer:

The Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963, to condone the delay of 98 days in filing the Civil Miscellaneous

Appeal against the Decree and Judgment/Order dated 25.11.2024 passed in O.P.No.3751 of 2010 by the learned V Additional Principal Judge, Family Court, Chennai.

For Appellant(s):

Mr.Jayasimhan T. Rajasuriya For Respondent(s):

Mr.L.Rajasekar

ORDER

(Order of the Court was made by C.V.Karthikeyan J.) The Civil Miscellaneous Petition has been filed, seeking to condone the delay of 98 days in filing the Civil Miscellaneous Appeal, challenging the judgment and decree dated 25.11.2024 in O.P.No.3751 of 2010 on the file of the V Additional Principal Judge, Family Court, Chennai.

2. In the affidavit filed in support of the miscellaneous petition, giving the reasons for the delay, it had been stated that even though certified copies of the Judgment, Decree and other documents have been immediately applied, they were not processed for a considerable period of time. Thereafter, there was delay in paying the stamp for the copy application. Owing to all this procedure, the delay has been occurred.

3.The learned counsel for the respondent is present and he has no objection in allowing this petition.

4.Taking all the factors into consideration, the delay of 98 days stands condoned and the Civil Miscellaneous Petition in C.M.P.No.13904 of 2025 in CMA.SR.No.67738 of 2025 is ordered.

5.Registry is directed to number the Civil Miscellaneous Appeal, if it is otherwise in order.

(C.V.K., J.) (K.B., J.) 04-12-2025 kak Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The V Additional Principal Judge, Family Court, Chennai.

2.Nathan Francis Anand Kumar S/o. Late F.S. Nathan, No.87, N.M.K.

Street, Ayanavaram, Chennai - 023.

C.V.KARTHIKEYAN, J.

and K.KUMARESH BABU, J.

kak in CMA.SR.No.67738 of

04-12-2025