Indira v. V. Varadharaj

CMP. 10541 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2024

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI CMP. 10541 of 2022 AND CMA SR. 49546 OF 2018 INDIRA W/O. LATE. MAHINDRAN, KOTHUR VILLAGE, MALLAPALLI POST, THIRAPATHUR TALUK, VELLORE DT. NOW RES AT MURUGAMPALLI VILLAGE, GURUVINAYANAPALLI POST, KRISHNAGIRI DT. AND OTHERS APPELLANT(S) Vs V. VARADHARAJ S/O. VENKATTAPPAN, D.NO.4/61, MILITHIKKI, ANACHETTY POST, DENKANIKOTTAI TALUK, KRISHNAGIRI DT.

RESPONDENT(S) For Appellant(s):

MR. MUKUND R. PANDIYAN For Respondent(s):

M/S.K.POOMALAI - FOR R2 R1 - NO APPEARANCE

ORDER

This petition has been filed to condone the delay of 983 days in filing the above appeal.

2. On notice, Mr.K.Poomalai, learned counsel appeared before this Court and undertook to file vakalath on behalf of the 2nd respondent. Though notice was served https://www.mhc.tn.gov.in/judis and the name was printed in the cause list, none appeared on behalf of the 1st respondent.

3. Heard learned counsel on either side.

4. Being satisfied with the reasons stated in the affidavit filed in support of the petition, this Court is inclined to order this petition.

5. Accordingly this petition is allowed. Registry is directed to number the appeal, if it is otherwise in order and post the matter for admission.

6. It is underscored that in the eventuality of the appellants succeeding in the appeal to be taken on record, they would not be entitled to any interest for 983 days. 11-12-2024 To

1. V. VARADHARAJ S/O. VENKATTAPPAN, D.NO.4/61, MILITHIKKI, ANACHETTY POST, DENKANIKOTTAI TALUK, KRISHNAGIRI DT.

2. THE BHARATH AXA GENERAL INSURANCE CO.LTD., SURVEY NO.28, DODDANKUNDI, BANGALORE 560 037. SKT https://www.mhc.tn.gov.in/judis