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Madras High CourtCMP/20539/2019delay condoned

Thiruvarasan v. Valarmathi

2020-02-18Honourable Mr Justice K. Kalyanasundaram2 pages

CMP.No.20539 of 2019 in S.A.No.SR97026 of 2019 CMP.No.20539 of 2019 in S.A.No.SR97026 of 2019 K.KALYANASUNDARAM, J.

This application has been filed to condone the delay of 373 days in filing the Second Appeal.

2. In paragraph 5 of the affidavit filed in support of the application, it is stated that the petitioner is having joint pain and he is not able to move without any support. He is staying with his son at Bangalore and taking treatment.

3. The learned counsel for the petitioner submitted that the petitioner has shown sufficient cause for condoning the delay. It was strongly opposed by the learned counsel for the respondents contending that the reason is not supported by any medical records.

4. However, considering the nature of prayer sought for in the suit and the length of the delay, this Court Court is inclined to condone the delay. Accordingly, this petition is allowed.

18.02.2020 pvs http://www.judis.nic.in

CMP.No.20539 of 2019 in S.A.No.SR97026 of 2019 K.KALYANASUNDARAM, J.

pvs CMP.No.20539 of 2019 in S.A.No.SR97026 of 2019 18.02.2020 http://www.judis.nic.in