K.M.Kadirvel v. T.N.Arthanari Mudaliar (Died)

CMP.No.390 of 2023 in A.S.No.21 of 2011 CMP.No.390 of 2023 in A.S.No.21 of 2011 T.V.THAMILSELVI, J.

This Petition has been filed to condone the delay of 243 days in filing a petition for restoration of the appeal in A.S.No.21 of 2011 on the file of this Court.

2. Mr.B.Shyam, learned counsel appearing for the respondents R2 to R5, R13 to R16, R19 to R21, R23 & R24, R28, R30, R34 to R41, R43 to 49, R51, R56, R63 to R67, R69 to R75, submitted that the appellant counsel wantonly not proceed the appeal, hence he raised strong objection and prays to dismiss the petition with costs.

3. Heard the learned counsel for the petitioners and the learned counsel for the respondents.

T.V.THAMILSELVI, J.

1\2 https://www.mhc.tn.gov.in/judis

CMP.No.390 of 2023 in A.S.No.21 of 2011 rri

4. On being satisfied with the averments stated in the affidavit filed in support of the petition and the submissions made by the learned counsel on either side, the petitioners are directed to pay a sum of Rs.3,000/-(Rupees Three thousand only) to the learned counsel for the contesting respondents, within a period of one week from today and on such payment the delay of 243 days in filing application for restoration is condoned.

5. Accordingly, this Civil Miscellaneous petition is allowed. 12.09.2023 rri CMP.No.390 of 2023 in A.S.No.21 of 2011 2\2 https://www.mhc.tn.gov.in/judis