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Madras High CourtCMP/14757/2021allowed

Navamani v. T.S.Indiraniammal

2021-10-28Honourable Mr Justice Abdul Quddhose1 pages

C.M.P.No.14757 of 2021 in C.M.A.SR.No.78645 of 2021 ABDUL QUDDHOSE, J.

(The case has been heard through video conference) This Petition has been filed to condone the delay of 892 days in filing the appeal.

2. Heard the learned counsel for the petitioner. The respondents have been duly served and the first respondent is represented by a learned counsel and the first respondent has not raised any serious objection for allowing this appeal.

3. This Court is of the considered view that this application can be allowed without prejudice to the rights and contentions of the first respondent in the main appeal. This Court is also satisfied with the reasons stated in the affidavit filed in support of the petition and accordingly this petition is allowed as prayed for. However, it is made clear that for the delay period of 892 days in filing the appeal, the appellant is not entitled to claim interest.

4. Registry is directed to number the main appeal, if it is otherwise in order and post the same "for admission".

28.10.2021 kk https://www.mhc.tn.gov.in/judis/