Maruthamuthu v. Venkatesan

CMP.No.24672 of 2023 in S.A.SR.No.17818 of 2021 CMP.No.24672 of 2023 in S.A.SR.No.17818 of 2021 T.V.THAMILSELVI, J.

This Petition has been filed to condone the delay of 254 days in filling the second appeal S.A.SR.No.17818 of 2021.

2. Heard the learned counsel for the appellants and learned counsel for the respondents, and perused the material available on record.

3. The learned counsel for the respondents raised an objection, stating that the calculation of the period does not fall under 254 days, it comes under more than 600 days.

4. According to the learned counsel for the appellants, the delay occurred due to a lack of communication, which prevented them from filing the copy application on time. He further stated that the appellants, residing in a village in Rasipuram, was unaware of the legal proceedings, resulting in a delay of 254 days.

5. 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 T.V.THAMILSELVI, J.

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CMP.No.24672 of 2023 in S.A.SR.No.17818 of 2021 rri inclined to condone the delay, but with costs. The petitioner is directed to pay a sum of Rs.5,000/-(Rupees Five thousand only) to the contesting respondents within a period of two week from today and on such payment the delay of 254 days in filling the above S.A.SR.No.17818 of 2021 is condoned.

6. Accordingly, this Civil Miscellaneous petition is allowed.

7. Registry is directed to list the above Second Appeal after numbering the same, if they are otherwise in order, on 01.10.2024. 05.09.2024 rri CMP.No.24672 of 2023 in S.A.SR.No.17818 of 2021 2\2 https://www.mhc.tn.gov.in/judis