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Madras High CourtCMP/29470/2024ordered on terms

Vimala @ Vidhubala v. Suresh

2025-04-25Honourable Mr Justice R. Suresh Kumar,Honourable Dr.Justice A.D.Maria Clete4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE C.M.P.No.29470 of 2024 in C.M.A.Sr.No.72456 of 2022 Vimala @ Vidhubala ..

Petitioner Vs.

Suresh ..

Respondent Prayer: Petition filed under Order IV Rule 9(4) of the A.S.Rules, to condone the delay of 831 days in representing the C.M.A.Sr.No.72456 of 2022.

For the Petitioner :

Mr.S.N.Subramani

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) This petition is filed to condone the delay of 831 days in representing the appeal.

2. Heard Mr.S.N.Subramani, learned counsel for the petitioner.

3. The delay in representing is huge, that is 831 days. For such delay, the reason stated by the petitioner in the affidavit filed in support of this petition is that every one of the members of the family of the petitioner have become sick for continuously two years.

4. In order to support such reason, no documents though have been filed, if this petition, filed to condone the delay in representing the appeal, is dismissed, the valuable right of the petitioner/appellant would also get defeated.

5. Considering the same, this petition is ordered, of course, on terms, that the petitioner shall pay a cost of Rs.2,000/- to the High Court Legal Services Committee, High Court of Madras, within a period of two weeks from the date of receipt of a copy of this order. Failing which, this petition shall automatically stand dismissed without any further reference to this Court.

6. On compliance of the aforementioned terms, the delay of 831 days in representing the appeal is condoned. Accordingly, the petition stands ordered.

(R.S.K., J.) (A.D.M.C., J) 25.04.2025 drm

To:

1. The Member Secretary Tamil Nadu Legal Services Authority North Fort Road, High Court Campus Chennai - 600 104.

R. SURESH KUMAR, J.

AND A.D.MARIA CLETE , J.

(drm) C.M.P.N.29470 of 2024 in C.M.A.Sr.No.72456 of 2022 25.04.2025