← Library
Madras High CourtCMP/28950/2024delay condoned

Sumathi v. S. Anbukumar

2025-01-28Honourable Mr Justice M.Dhandapani1 pages

CMP.No.28950 of 2024 in CMA.SR.No.151907 of 2024 M.DHANDAPANI, J.

This petition has been filed seeking to condone the delay of 138 days in filing the above appeal.

2. Learned counsel for the petitioners submitted that, the 1st respondent remained exparte before the trial court.

3. In view of the above, notice to the 1st respondent is dispensed with.

4. Though notice was served and the name of the 2nd respondent was printed in the cause list, none appeared on its behalf.

5. Heard learned counsel for the petitioners.

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

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

8. It is underscored that in the eventuality of the appellants succeeding in the appeals to be taken on record, they would not be entitled to interest for default period.

28.01.2025 skt https://www.mhc.tn.gov.in/judis