Gobichettipalayam v. S.Ramasamy

C.M.P.No. 13661 of 2022 in C.M.P. SR. No. 616 of 2021 in S.A. No. 458 of 2015 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 163 days in representing the C.M.P. SR.No.616 of 2021 for bring on legal heirs filed by the petitioner.

2. Mr.N.Subbarayalu, learned counsel for petitioner submitted that the above petition was filed on 04.01.2021 and the same was returned on 08.01.2021 for complying the defect to produce the death certificate of 7th respondent and also there was a spelling mistake in one of legal heirs name and subsequently, the same were rectified. However, the delay of 163 days arose in representing the above said petition and the said delay caused neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Mr.N.Manokaran, learned counsel appearing for the respondents 1 to 6 appeared and submitted that he has no objection in allowing this petition.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this petition is allowed.

5. Post the matter on 29.08.2022.

25.08.2022 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 13661 of 2022 in S.A. No. 458 of 2015 25.08.2022 https://www.mhc.tn.gov.in/judis