P.Namasivayam v. Velusamy (Died)1. Saravanaprabu
CMP NO. 21349 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-03-2025
CORAM
THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 21349 of 2024 in SA.SR.NO.4775 of 2023 P.Namasivayam S/O. Periyamalai, D.No.46, Rajathal Compound, Poochakaadu 1st Street, Mangalam Road, Tiruppur. and another Appellant(s) Vs Velusamy (Died)1. Saravanaprabu S/o.Late Velusamy, D.No.4/71, karuppagoundampalayam Road, Tamilnadu Theatre Cross Street, Tiruppur -4. and 2 Others Respondent(s) For Appellant(s):
B.Kumarasamy For Respondent(s):
Mr.M.S.Gokulraj For M/s.P.V. Law Associates For R1 And R3 R2 - No Appearance
ORDER
This Petition has been filed to condone the delay of 430 days in filling above SA.SR.No.4775 of 2023.
2. Heard the learned counsel for the appellants and learned counsel for the respondents. The material available on record has been perused.
3. The Learned Counsel for the appellants submitted that although the appellant had filed a copy of the order in time, due to his illness, he was unable to obtain the order promptly. Consequently, because of his illness, the appeal could not be filed within the prescribed period.
4. The learned counsel for the respondents 1 & 3 strongly objected to the appellants' submission.
5. To avoid further multiplicity of proceedings, this Court is inclined to condone the delay, subject to costs.
6. The petitioners / appellants are directed to pay a sum of Rs.5,000/- (Rupees Five thousand only) to the contesting respondents 1 & 3, on or before 15.04.2025. On such payment, the delay of 430 days in filling the above SA.SR.No.4775 of 2023, stands condoned.
7. Accordingly, this Civil Miscellaneous petition is allowed.
8. Registry is directed to list the above Second Appeal after numbering the same, if they are otherwise in order, on 15.04.2025. 17-03-2025 rri To
1. P.Namasivayam S/O. Periyamalai, D.No.46, Rajathal Compound, Poochakaadu 1st Street, Mangalam Road, Tiruppur. and another 2.The Principal District Judge, Tiruppur.
3. The Additional Subordinate Judge, Tiruppur.
T.V.THAMILSELVI, J.
rri CMP NO. 21349 of 2024 in SA.SR.NO.4775 of 2023 17.03.2025