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Madras High CourtCMP/12826/2022ordered

Harish Gupta v. Ashish Gupta

2022-11-24Honourable Mr Justice S. Sounthar3 pages

in AS.SR.No.129322 of 2018 S.SOUNTHAR,J.

The petitioner herein filed this petition seeking to condone delay of 206 days in filing the appeal.

2. In the affidavit filed in support of the condone delay petition, the petitioner has stated that the judgment was delivered in the original suit on 13.11.2017 and he acquired knowledge about the judgment only in the year 2018. Thereafter, he instructed the counsel to file the appeal and the same was filed on 19.11.2017.

3. The petitioner has not specifically stated the date on which, he acquired knowledge about the dismissal of the suit. 1/2

S.SOUNTHAR,J., dna

4. However, having regard to the reason given in the affidavit, this Court is inclined to condone the delay of 206 days in filing the appeal by imposing costs of Rs.2,000/- (Rupees two thousand only) on the petitioner. Hence, the condone delay petition is allowed on payment of costs of Rs.2,000/- to the respondent within a period of three weeks from today. In case, the petitioner fails to make the payment within the said period, the condone delay petition shall stand automatically dismissed without further reference to this Court.

24.11.2022 dna in AS.SR.No.129322 of 2018 2/2

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