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Madras High CourtCMP/4111/2025ordered on terms

V.Simathi @ V.Jivanthakumari v. E.Vinoth Kumar

2025-04-25Honourable Mr Justice R. Suresh Kumar,Honourable Dr.Justice A.D.Maria Clete3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE C.M.P.No.4111 of 2025 in C.M.A.Sr.No.121831 of 2024 V.Srimathi @ V.Jivanthakumari ..

Petitioner Vs.

E.Vinoth Kumar ..

Respondent Prayer: Petition filed under Section 5 of the Limitation Act, to condone the delay of 573 days in filing C.M.A.Sr.No.121831 of 2024.

For the Petitioner :

Mr.A.Suresh Sakthi Murugan For the Respondent :

Mr.P.Mani

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This petition is filed to condone the delay of 573 days in filing the appeal.

2. Heard Mr.A.Suresh Sakthi Murugan, learned counsel for the petitioner and Mr.P.Mani, learned counsel for the respondent.

3. The delay is 573 days. In view of such huge delay, since it

is opposed by the learned counsel for the respondent, though we are inclined to accept the reasons stated in the affidavit filed in support of this petition to condone the delay, that we could only do on terms.

4. Therefore, this petition is ordered on condition that the petitioner shall pay a sum of Rs.2,000/- as cost to the respondent through the respondent's counsel within a period of two weeks from the date of receipt of a copy of this order. On such condition, this petition is ordered, failing which, the petition shall stand automatically dismissed without any further reference to this Court. (R.S.K., J.) (A.D.M.C., J) 25.04.2025 drm

R. SURESH KUMAR, J.

AND A.D.MARIA CLETE , J.

(drm) 25.04.2025