Jacintha Selvaraj v. T.Aloysius Raj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2021

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE S.KANNAMMAL C.M.P.No.25259 of 2019 in O.S.A.Sr.No.88930 of 2019 1.Jacintha Selvaraj 2.Lissie Lawrence .. Petitioners/Appellants Vs 1.T.Aloysius Raj 2.M/s.India Builders Rep. By its Managing Director, Having their Office at AA-36, 3rd Main Road, 3rd Street, Anna Nagar, Chennai - 600 040.

.. Respondents Petition filed under Order XIV Rule 8 of O.S.Rules r/w Section 5 of the Limitation Act to condone the delay of 95 days in filing the appeal against the fair and decreetal order dated 25.02.2019 passed in O.A.No.1036 of 2018 in C.S.No.761 of 2018.

For Petitioners :

No appearance For Respondents :

Ms.M.G.Rajeswari for R1

ORDER

(Made by M.M.SUNDRESH, J.) Seeking to condone the delay of 95 days in filing the appeal, the present petition has been filed.

2. There is no representation on behalf of the petitioners. From the docket sheet, we find that on the first occasion also, there was no representation for the petitioners and on the second occasion, we have granted two more weeks' time finally to bring on record the legal representatives of the deceased first respondent and the matter stands adjourned today.

3. Unfortunately, even today, though it is recorded as adjourned at the request of the learned counsel appearing for the first respondent, it is submitted that it was only at the request of the learned counsel appearing for the petitioners.

4. Considering the above, for not taking steps to bring on record the legal representatives of the deceased first respondent, this miscellaneous petition stands dismissed. However, liberty is given to

the petitioners to file fresh application, if so advised. Consequently, O.S.A.Sr.No.88930 of 2019 stands closed. No costs. (M.M.S., J.) (S.K., J.) 13.08.2021 Index:Yes/No mmi/ssm

M.M.SUNDRESH,J.

and S.KANNAMMAL,J.

mmi C.M.P.No.25259 of 2019 in O.S.A.Sr.No.88930 of 2019 13.08.2021