Shashikala Vamanan v. C.R. Rajkumar

CMP NO. 26444 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-01-2025

CORAM

THE HONOURABLE MR JUSTICE S. S. SUNDAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL CMP NO. 26444 of 2024 IN OSA SR NO. 112171 OF 2024 Shashikala Vamanan SARAYU Old No.24, Alagesan Road, Vedachalam Nagar, Chengalpattu 603 001. and another Appellant(s) Vs C.R. Rajkumar Meenakshi, No.7/4, Sir P.S. Sivaswamy Road, Mylapore, Chennai 4. Respondent(s) Prayer in C.M.P.No.26444 of 2024 : Civil Miscellaneous Petition filed under Section 5 of the Limitation Act r/w. Order XIV Rule 8 of Original Side Rules to condone the delay of 104 days in filing the Original Side Appeal against the order and decree dated 20.03.2024 in Appl.No.1641 of 2024 in C.S.No.992 of 2016. Prayer in O.S.A.SR.No.112171 of 2024 : Original Side Appeal filed under Order XXXVI Rule 1 of Original Side Rules r/w. Clause 15 of the Letters Patent against the judgment and decree dated 20.03.2024 in Appl.No.1641 of 2024 in C.S.No.992 of 2016 on the file of this Court.

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For Appellant(s): M/s.R.V.Gayathri for M/s.P.B.Ramanujam Associates For Respondent(s):

Mr.R.Praveen

ORDER

(Order of the Court was made by the Hon'ble S.S.Sundar J.) This petition is filed to condone the delay of 104 days in filing the above Original Side Appeal.

2.Though the learned counsel appearing for the respondents has serious objections for condoning the delay, this Court finds that the main objection is based on merits of the Interlocutary Applications. This Court is unable to discard any of the reasons stated in the affidavit filed in support of the petition. Since the delay has been properly explained to the satisfaction of this Court, the delay is condoned and this petition is ordered. (S.S.SUNDAR J.) (P.DHANABAL J.) 23-01-2025 MKN https://www.mhc.tn.gov.in/judis