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Madras High CourtCMP/9544/2023ordered

Marappan v. Thiyagarajan

2023-04-28Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P. No. 9544 of 2023 in A.S.SR.No. 132506 of 2022 C.M.P. No. 9544 of 2023 in A.S.SR.No. 132506 of 2022 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 111 days in filing the above appeal.

2. Mr.S.Muthukrishnan, learned counsel for petitioners/appellants submitted that the appellants are the defendants in the suit, against whom, money decree was passed on 12.06.2019. Thereafter, during the Covid-19 pandemic period, they were not able to file copy application and now after releasing Covid pandemic, he obtained certified copy and preferred this appeal. However, there is a delay of 111 days in filing the above appeal arose and the delay is neither willful nor negligent. Therefore, he filed this petition to condone the delay in filing the above appeal.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, this court is inclined to allow this petition. Registry is directed to number the Appeal immediately if it is otherwise found to be in order and post the matter on 27.06.2023.

28.04.2023 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 9544 of 2023 in A.S.SR.No. 132506 of 2022 T.V.THAMILSELVI, J.

rpp C.M.P.No. 9544 of 2023 in A.S.SR.. No. 132506 of 2022 28.04.2023 https://www.mhc.tn.gov.in/judis