S.M.Raju v. N.Arunachalam (Deceased) 1. Baby

C.M.P.No.1829 of 2024 in S.A.SR.No.113919 of 2023 P.T.ASHA, J., This petition is filed to condone the delay of 11 days in filing the above appeal in S.A.SR.No.15147 of 2021.

2. Heard the learned counsel for the petitioner/appellant.

3. The private notice which has been sent to the respondents has been returned with an endorsement "not claimed". It is also noticed from the endorsements made by the postal authorities that on the last three occasions, intimation has been delivered to the respondents, but, they have not taken any steps to collect the notice. The notice has also been sent to the very same address which has been furnished by the respondents, who are the plaintiffs in the suit and to which address, the notice has been taken in the first appeal. Therefore, there is a deemed service on the respondents.

4. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the delay of 11 days in filing the above appeal in S.A.SR.No.113919 of 2023 is condoned.

5. The Registry is directed to number the appeal, if it is otherwise, in order and list the same for admission.

25.03.2024 ssa https://www.mhc.tn.gov.in/judis

P.T.ASHA, J., ssa C.M.P.No.1829 of 2024 in S.A.SR.No.113919 of 2023 25.03.2024 https://www.mhc.tn.gov.in/judis