Dayanidhi And 3 Others v. Maraimmal (Deceased) T.R.Rukmangadhan (Deceased) 1.B.Kasthuri And 7 Others

A No.5383 of 2023 in C.S No.269 of 1981 A.A.NAKKIRAN, J.

This application has been filed by the applicants/plaintiffs 3, 9, 10 and 12 to condone the delay of 1740 days in filing the restoration application in C.S No.269 of 1981.

2. The learned counsel for the respondents 7 & 8/defendants strongly opposed to allow this application.

3. Though the respondents 7 & 8/defendants have raised serious objection, in the interest of justice, by giving one more opportunity to the applicants to prosecute their case, this Court is inclined to allow this application by imposing cost.

4. Accordingly, the delay is condoned and this application is allowed on condition that the applicants/plaintiffs 3, 9, 10 & 12 pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the respondents 7 & 8/defendants on or before 16.11.2023. In the event of failure on the part of the applicants in paying the said amount within the stipulated time, this application shall stand dismissed automatically without any further reference to this Court.

5. Post the matter on 17.11.2023.

01.11.2023 uma https://www.mhc.tn.gov.in/judis

A.A.NAKKIRAN, J.

uma A No.5383 of 2023 in C.S No.269 of 1981 01.11.2023 https://www.mhc.tn.gov.in/judis