Varalakshmi v. Vijaya

C.M.P.No. 1733 of 2022 in S.A. No. 144 of 2015 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 1220 days in filing the petition to set aside the order dated 21.01.2016 dismissing the Second Appeal for default and to restore the S.A.

2. Mr.P.S.Ganesh, learned counsel for petitioners/appellants submitted that as the petitioners failed to comply with the payment of batta and other requirements of registry, the second appeal was dismissed for default, due to which, there is a delay of 1220 days in filing the petition. Hence, he has filed the above petition to condone the delay and to restore the S.A.

3. Ms.Elizabeth Ravi, learned counsel appearing for respondents 1 to 5 and 7th respondent appeared and raised his formal objections.

4. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition seeking to condone delay of 1220 days, this Court is inclined to allow this petition and to restore the second appeal.

19.07.2022 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 1733 of 2022 in S.A. No. 144 of 2015 19.07.2022 https://www.mhc.tn.gov.in/judis