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Madras High CourtCMP/27266/2023allowed with costs

Venkatesa Naidu, v. N.Kesavan,

2024-04-02Honourable Mr.Justice C.Kumarappan2 pages

C.M.P.Nos. 27266 and 27268 of 2023 in S.A.No.718 of 2005 C.KUMARAPPAN,J.

The learned counsel for the respondent has seriously objected this application C.M.P.No.27266 of 2023 as there was a delay of 5063 days.

2. The learned counsel for the petitioner would submit that since the second appellant died on 22.08.2020, there was a communication gap between the appellant and counsel and only due to the same, there was a default in paying the batta. On account of the same, the appeal got dismissed as against the respondents. The delay in filing this application was also on account of the same reason i.e., on the death of the second appellant. Hence, having considered the submissions made by the learned counsel for the petitioner and having satisfied with the same, this Court is inclined to allow both the applications on condition that the petitioner shall pay a sum of C.KUMARAPPAN,J.

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ub Rs.1,000/- in each petition to the Tamil Nadu State Legal Services Authority, Chennai on or before 16.04.2024, failing which, both the applications shall stand automatically dismissed without further reference to the orders of this Court.

02.04.2024 (1⁄2) ub C.M.P.Nos. 27266 and 27268 of 2023 in S.A.No.718 of 2005 2/2 https://www.mhc.tn.gov.in/judis