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Madras High CourtCMP/15709/2023ordered

V. Yasodaa v. The Commissioner

2023-08-09Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P. No.15709 of 2023 in Rev. Appl SR. No. 74343 of 2021 T.V.THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 124 days in representing the above Review Application.

2. Mr. N.Daranath, learned counsel for petitioner submitted that the above Review Application was filed on 23.08.2021, which was returned with an endorsement that there is a delay in filing the above application, however, the bundle was mixed up with other bundles. Hence, it was not represented within time. In view of the same, there is a delay of 124 days in representing the above application and the delay is neither willful nor wanton. Therefore, he has filed the above petition.

3. Considering the facts and circumstances, and on considering the fact that since because she is a third party to the proceedings and her property was not included in the suit, she raised objection that she is having valid defence after dismissal of decree proceedings and also being satisfied with the reasons assigned in the affidavit, this petition allowed.

4. The Registry is directed to number the review application if it is otherwise found to be in order and and post the matter on 28.08.2023. 09.08.2023 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P. No.15709 of 2023 in Rev. Appl SR. No. 74343 of 2021 09.08.2023 https://www.mhc.tn.gov.in/judis