Sankar v. Zaher Usan

CMP. 24649 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2024

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI CMP. 24649 of 2024 AND CMA SR. 89262 OF 2024 SANKAR S/O.PAZHANIVEL, NO.267, EAST STREET, VALLAM VILLAGE, ANDIMADAM TALUK, ARIYALUR DISTRICT APPELLANT(S) Vs ZAHER USAN S/O.MOHAMMED SULTHAN, NO.32B, MUSLIM STREET, VELLUR VILLAGE, ARIYALUR TALUK AND DISTRICT RESPONDENT(S) For Appellant(s):

MR. P.PARTHIKANNAN For Respondent(s):

M/S J.MICHAEL VISUVASAM - FOR R2 R1 - NO APPEARENCE

ORDER

This petition has been filed to condone the delay of 773 days in filing the above appeal.

2. On notice, Mr.J.Michael Visuvasam, learned counsel appeared before this Court and undertook to file vakalath on behalf of the 2nd respondent. Though notice was served and the name was printed in the cause list, none appeared on behalf of the 1st https://www.mhc.tn.gov.in/judis respondent.

3. Heard learned counsel on either side.

4. Being satisfied with the reasons stated in the affidavit filed in support of the petition, this Court is inclined to order this petition.

5. Accordingly this petition is allowed. Registry is directed to number the appeal, if it is otherwise in order and post the matter for admission.

6. It is underscored that in the eventuality of the appellant succeeding in the appeal to be taken on record, they would not be entitled to any interest for 773 days. 11-12-2024 To

1. ZAHER USAN S/O.MOHAMMED SULTHAN, NO.32B, MUSLIM STREET, VELLUR VILLAGE, ARIYALUR TALUK AND DISTRICT

2. TATA AIG GENERAL INSURANCE CO. LTD.

RAJ TOWER 6 AND 7 KARUR BYPASS ROAD, TRICHIRAPPALLI SKT https://www.mhc.tn.gov.in/judis