Sithammal v. S.P.Maruthachalam

C.M.P.No. 16888 of 2025 in C.M.A. SR.No. 86024 of 2022 T.V. THAMILSELVI, J.

Challenging the award passed in M.C.O.P.No.157 of 2018, the petitioner preferred the above Civil Miscellaneous Appeal, however there is a delay of 1018 days in representing the above Civil Miscellaneous Appeal arose. Hence, the present petition has been filed to condone the delay in representing the above appeal.

2. Mr.C.Kulanthaivel, learned counsel for petitioner submitted that the above Appeal was returned for rectifying certain defects on 17.08.2022, however, the lower court counsel unable to provide necessary documents required to represent appeal papers along with disposed bundles. Hence, he could not represent the appeal within a stipulated time and after receipt of necessary documents, it was represented, however, there is a delay of 1018 days arose in representing the above appeal and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

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3. Considering the facts and circumstances and the reasons stated by the petitioner in the affidavit that due to the delay in obtaining necessary documents from the lower court counsel, it could not be represented in time is justifiable one, so, to give one more opportunity to the petitioner, this court is inclined to allow this petition. Registry is directed to number the above Civil Miscellaneous Appeal if it is otherwise found to be in order 22.07.2025 rpp 2/3

T.V. THAMILSELVI, J.

rpp C.M.P.No. 16888 of 2025 in C.M.A. SR.No. 86024 of 2022 22.07.2025 3/3