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Madras High CourtA/3180/2024ordered

S.Jeyachandran And Another v. S.Seran And 11 Others

2024-08-19Honourable Mr Justice Rmt. Teekaa Raman3 pages

in C.S.No.223 of 2022 RMT.TEEKAA RAMAN, J.

A.No.3180 of 2024 has been filed by the Applicants to condone the delay of 521 days in filing the written statement. 2.A.No.3533 of 2024 has been filed to condone the delay of 540 days in filing the written statement of the 2nd Defendant in the above Suit. 3.In respect of A.No.3180 of 2024 the reason stated for the delay is that as against the order passed in A.No.1749 of 2019 dated 30.11.2021, the Applicants therein preferred OSA.No.17 of 2022, the same was pending. The learned counsel was served with copies of pleadings only on 28.02.2024, and hence, thereafter the present Application was filed. 4.In respect of A.No.3533 of 2024, the said Application was filed by the Trust on the ground that there is an administrative delay. In view of the order passed by this Court, administration of the Trust was initially vested with Hon'ble Mr.

Justice P.Shanmugam (Retd.,), then with Hon'ble Mr.Justice S.Jagadeesan (Retd.,) and then with Hon'ble Mr.Justice.V.Parthiban (Retd.,). Thereafter, the legal opinion has been obtained from the learned Senior Advocate and then the same was circulated with the members of the Trust. Hence, there is a delay.

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5.Taking note of the fact that the Suit was filed under Order IV Rule 1 of Original Side Rules r/w.Order VII Rule 1 of Civil Procedure Code r/w. Section 92 of Civil Proceedure Code, since the interest of Trust has to be saved and in the interest of the justice, these Petitions are ordered as prayed for and the written statement of the respective parties shall be taken on file. 19.08.2024 sai 2/3

RMT.TEEKAA RAMAN, J.

sai in C.S.No.223 of 2022 Dated: 19.08.2024 3/3