K. Sangamithra v. N.R. Usha

M. NIRMAL KUMAR, J.

This petition has been filed to modify the order dated 12.07.2024 passed in C.M.P.No.9754 of 2024 in C.R.P.No.1851 of 2024 by imposing cost for allowing the petition in I.A.No.1 of 2023 dated 23.11.2023 instead of depositing a sum of Rs.2,00,000/- into the account of O.S.No.2789 of 2018 on the file of the IV Assistant City Civil Court, Chennai.

2. Learned counsel for the petitioner would submit that this Court had directed the petitioner to deposit a sum of Rs.2,00,000/- for condoning the delay. He further submitted that the said cost is exorbitant for the petitioner since she is a young budding advocate and she is not able to raise such huge amount. Hence, sought for some modification of the cost imposed by this Court vide order dated 12.07.2024.

3. Considering the above submission made by the learned counsel for the petitioner, this Court is inclined to modify the cost imposed by this Court vide order dated 12.07.2024 to the tune of Rs.1,00,000/- and the same shall be paid by the petitioner on or before 05.09.2024 to the credit of the suit in O.S.No.2789 of 2018 on the file of the IV Assistant City Civil Court, Chennai. On such deposit, the learned IV Assistant Judge, IV Assistant City Page 1/3

Civil Court, Chennai shall condone the delay, set aside the exparte order, dated 30.10.2018 and permit the petitioner to participate in the trial in O.S.No.2789 of 2018.

4. Accordingly, this Criminal Miscellaneous Petition is ordered. 23.08.2024 msv Page 2/3

M.NIRMAL KUMAR, J.

msv 23.08.2024 Page 3/3