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Madras High CourtA/3971/2025allowed

Saraswathy And Another v. C.Sivagamasundari

2025-08-12Honourable Mr Justice C.V. Karthikeyan2 pages

A.No. 3971 of 2025 in T.O.S. No. 90 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2025

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN A.No. 3971 of 2025 in T.O.S. No. 90 of 2024 1.Saraswathy 2.Parvathy ...Applicants Vs.

C.Sivagamasundari

...Respondent

Prayer : This application has been filed under Order XIV Rule 8 of the Original Side Rules read with Section 5 of the Limitation Act, praying to condone the delay of 76 days in filing the written statement in T.O.S. No. 90 of 2024 of D1 and D2.

For applicants : Mr.E.Ashok Kumar For Respondent : Mr.S.Jerald Lenin (D1)

O R D E R

This application has been filed to condone the delay of 60 days in filing the written statement. This application has been filed by the first and second defendants in the suit.

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

A.No. 3971 of 2025 in T.O.S. No. 90 of 2024 C.V.KARTHIKEYAN, J.

Maya

2. In the affidavit filed in support of the Judges Summons, it had been stated that the husband of the deponent of the affidavit had been admitted to the hospital and therefore, she and her sister were running from the hospital to home and back and in that process, they were not in a position to give necessary instructions to the learned counsel.

3. Heard the leaned counsel for the plaintiff also.

4. Taking all factors into consideration, this application stands allowed and the delay is condoned. The written statement is taken on file. 12.08.2025 Maya 2/3 A.No. 3971 of 2025 in T.O.S. No. 90 of 2024 https://www.mhc.tn.gov.in/judis