Pappayee Ammal (Deceased) v. Karuppiah

CMP.No.18022 of 2022 in CMP.SR.No.19631 of 2022 in SA.No.604 of 2006 KRISHNAN RAMASAMY.J., This petition has been filed, praying to condone the delay of 104 days in representing the petitions filed in CMP SR Nos.19631 & 19633 of 2022 in the above Second Appeal.

2.Heard, Mr.K.J.Nithianandam, learned counsel for the petitioners/proposed appellants and Mr.C.H.Pandian, learned counsel for the respondents.

3.The learned counsel for the petitioners/appellants has submitted that the first appellant had passed away and though the petition was filed in time, to bring the LRs of the appellant on record in time, however, it was returned for compliance of certain queries, which was mixed up with other files and later, it was traced and while representing the same, there occurred delay, which is neither wanton nor willful and hence, the learned counsel would urge this Court to condone the delay in representing the petition. https://www.mhc.tn.gov.in/judis

KRISHNAN RAMASAMY.J., dn 4.Though, the learned counsel for the respondents reported objection, however, taking into consideration the submissions made by the learned counsel for the petitioners/proposed appellants and the reasons assigned in the affidavit filed in support of this petition and in the interest of justice, this Court feels it appropriate to allow the present petition. 5.Accordingly, this petition stands allowed as prayed for. 16.11.2022 dn CMP.No.18022 of 2022 https://www.mhc.tn.gov.in/judis