Deepa v. P.Kalavathi

C.M.P.No.15014 of 2023 in C.M.A.SR.No.81985 of 2023 SUNDER MOHAN,J.

This Petition has been filed seeking to condone the delay of 1189 days in filing the above Civil Miscellaneous Appeal.

2. Learned counsel appearing for the petitioners/appellants would submit that in paragraphs 2 and 3 of the affidavit filed in support of this petition, stating that due to the demise of the first appellant's husband, she was unable to arrange for funds and file an appeal.

3. The second respondent has filed a counter stating that there is no sufficient cause shown in the affidavit for delay and hence, prayed for dismissal of this petition.

4. Heard the learned counsel appearing for the petitioners and the learned counsel for the second respondent.

5. This Court, on perusal of the affidavit and counter, filed in support of this petition and being satisfied with the same, the delay is condoned on condition that the petitioners shall forfeit the interest for the delay period in the event of this Court enhancing the compensation. Hence, this Petition is ordered as prayed for.

https://www.mhc.tn.gov.in/judis 1/2

SUNDER MOHAN,J.

6. Registry is directed to number the C.M.A., if it is otherwise in order and list the same in due course.

30.08.2023 AT C.M.P.No.15014 of 2023 in C.M.A.SR.No.81985 of 2023 https://www.mhc.tn.gov.in/judis 2/2