R. Ravi v. M/S.Arulmighu Anjaneya Subramaniya Swamy

C.M.P.No. 26202 of 2024 in M.P.No. 1 of 2013 in S.A.SR.No. 61148 of 2022 T.V. THAMILSELVI, J., Heard both sides.

2. On perusal of the records, it reveals that the petitioners have filed M.P.No.1 of 2013 seeking to condone the delay of 1031 days in representing the above second appeal. The said application in MP.No.1 of 2013 was ordered on condition that the petitioners were directed to pay a sum of Rs.5,000/- to the Tamil Nadu State Legal Services Authority, Chennai. Subsequently, the petitioners' junior counsel has failed to inform the details of the order to his senior counsel. Therefore, due to nonpayment of the said costs, the petition in M.P.No. 1 of 2013 was dismissed. On 29.10.2024, the petitioners came to know that the details of the order passed in M.P.No. 1 of 2013 dated 22.02.2023. On 30.10.2024, the case bundle was traced out at the records section. Pursuant to the same, the petitioners have filed this petition in CMP.No.26202 of 2024 seeking to restore the petition in M.P.No. 1 of 2013 and extend the time to pay the said 1/3

costs of Rs.5,000/-. No prejudice would be caused to the respondents, if the application in MP.No.1 of 2013 is restored on file.

3. In view of the above facts and circumstances of the case, this Court is inclined to allow this application by extending time for payment of costs of Rs.5,000/- as ordered in M.P.No.1 of 2013 in SA.SR.No.61148 of 2010 dated 22.02.2023 to the Tamil Nadu State Legal Services Authority, Chennai, on or before 3rd week of February, 2025. Failing which, this petition shall stands dismissed automatically.

4. Accordingly, the C.M.P.No. 26202 of 2024 is ordered. No costs. 23.01.2025 MSM Note: Registry is directed to number the SA.SR.No.61148 of 2010 and if it is otherwise in order and list the main appeal on the third week of February, 2025.

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T.V. THAMILSELVI, J.

MSM C.M.P.No. 26202 of 2024 in M.P.No. 1 of 2013 in S.A.SR.No. 61148 of 2022 23.01.2025 3/3