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Madras High CourtCMP/29480/2023ordered

G.L. Balaji v. G. Revathi

2024-08-23Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P.No.29480 of 2023 in S.A.SR.No.110279 of 2022 C.M.P.No.29480 of 2023 in S.A.SR.No.110279 of 2022 T.V.THAMILSELVI, J.

This Petition has been filed to condone the delay of 408 days in filling the above Second Appeal.

2. The learned counsel for the respondent appeared and submitted that the reason provided for the delay is not properly explained. It was noted that an order dispensing with the production of the certificate had already been obtained, considering that this is a suit for bare injunction. The plaintiff has preferred this appeal, challenging the concurrent findings.

3. On being satisfied with the averments stated in the affidavit filed in support of the petition and to avoid multiplicity of proceedings, this Court is inclined to condone the delay, but with costs. The petitioner is directed to pay a sum of Rs.3,000/-(Rupees Three thousand only) to the counsel for the contesting respondent within a period of two weeks from the date of this T.V.THAMILSELVI, J.

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C.M.P.No.29480 of 2023 in S.A.SR.No.110279 of 2022 rri order and on such payment the delay of 408 days in filling the above S.A.SR.No.110279 of 2022 is condoned.

4. Accordingly, this Civil Miscellaneous petition is allowed.

5. Registry is directed to list the above Second Appeal after numbering the same, if they are otherwise in order, on 06.09.2024. 23.08.2024 rri C.M.P.No.29480 of 2023 in S.A.SR.No.110279 of 2022 2\2 https://www.mhc.tn.gov.in/judis