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Madras High CourtCMP/219/2024ordered

K. Shanthi v. A. Suburammal

2024-02-08Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

(Order of the Court was made by the Hon'ble Chief Justice) Heard Ms.R.Angalaparameswari, learned counsel for the applicant, Mrs.R.T.Shyamala, learned counsel for non-applicant 1 and Mr.S.Ravichandran, learned Additional Government Pleader (HR & CE) for non-applicants 2 to 4.

2. This application is filed to condone the delay of 592 days in preferring the appeal.

3. Learned counsel appearing for the respective non-applicants oppose the application on the ground that the facts stated in the accompanying affidavit are incorrect.

4. According to the applicant, the applicant was not served with notice in the writ petition and in the absence of the applicant, the order has been passed.

5. We have perused the order passed by the learned Single Judge. No appearance is shown of the present applicant. It is not spelt out in the order that notice was issued to the present applicant and/or it was served.

6. There is no reason to disbelieve the contention of the applicant in the application filed for condonation of delay.

7. In light of that, the delay of 592 days in preferring the appeal is condoned. Accordingly, the application stands allowed and is disposed of.

(S.V.G., CJ.) (D.B.C., J.) 08.02.2024 drm

THE HON'BLE CHIEF JUSTICE and D.BHARATHA CHAKRAVARTHY, J.

(drm) C.M.P.No.219 of 2024 in W.A.SR.No.123619 of 2023 08.02.2024