S Kalpanajebammai v. Santhisg Amalraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.S. SUNDAR AND THE HONOURABLE MR. JUSTICE P. DHANABAL in O.S.A.SR.No.59770 of 2024 1.S.Kalpana Jebamani 2.N.Prince Ebenezer 3.N.Kingsly Eleazer ... Petitioners Vs.

1.Santhosh Amalraj 2.D.Ammoni Amutha 3.D.MabelAhila 4.D.JesuvathySornalatha ... Respondents Prayer in C.M.P.No.13965 of 2024 : Civil Miscellaneous Petition filed under Order XIV Rule 8 of High Court Original Side Rules r/w. Section 5 of the Limitation Act to condone the delay of 152 days in filing the Original Side Appeal in O.S.A.SR.No.59770 of 2024.

Prayer in O.S.A.SR.No.59770 of 2024 : Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules r/w. Clause 15 of the Letters Patent against the order and decree dated 27.09.2023 in O.P.No.28 of 2021 on the file of this Court.

For Petitioners :

Mr.G.Ilamurugu

O R D E R

(Order of the Court was made by S.S. SUNDAR, J.) This Civil Miscellaneous Petition is filed to condone the delay of 152 days in filing the above Original Side Appeal. 2.Despite fresh notice being served on the 3rd respondent privately, there is no representation for the 3rd respondent. The petitioners have already filed proof of service in respect of other respondents earlier. However, there is no representation for other respondents also. 3.The petitioner has given satisfactory reasons explaining the delay.

Though the delay is 152 days, this Court is convinced that the delay is due to bona fide reasons. In such circumstances, the delay is condoned and this petition is ordered.

(S.S.S.R., J.) (P.D.B., J.) 04.12.2024 mkn Internet : Yes S.S. SUNDAR , J.

and P. DHANABAL , J.

mkn 04.12.2024