Pakkiri v. Sundaravel

CMP.No.17643 of 2025 in CMA.SR.No.111870 of 2025 R.KALAIMATHI, J.

This Civil Miscellaneous Petition has been filed to condone the delay of 215 days in filing the above appeal.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent.

3. Despite service of notice on R1 and his name being printed in the cause list, there is no representation for R1 neither in person nor through his counsel.

4. The learned counsel for the petitioners would aver that the 1st petitioner after collecting the original judgment from his counsel, had misplaced the same in his residence and he can able to trace out the same only at a later point of time, due to which, there occurred a delay of 215 days in filing the appeal. The delay in filing the appeal is neither wilful, nor wanton, but due to the above said reason. Thus he prayed for condoning the delay of 215 days in filing the appeal. R. KALAIMATHI, J.

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5. Learned counsel for the 2nd respondent has no objection in allowing this petition subject to condition that the interest for the delay period is waived.

6. Accepting the averments made in the affidavit filed in support of this petition, this petition is allowed subject to the condition that the interest for the delay period of 215 days shall stand waived. 30.10.2025 msr CMP.No.17643 of 2025 in CMA.SR.No.111870 of 2025 https://www.mhc.tn.gov.in/judis