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Madras High CourtCMP/23349/2025ordered

T. Manikandan v. B.Manikandan

2026-04-29Honourable Mrs.Justice R. Kalaimathi2 pages

C.M.P.No.

23349 of 2 in C.M.A.Sr.No.144580 of 2025 R. KALAIMATHI, J.

This Civil Miscellaneous Petition has been filed to condone the delay of 318 days in filing the above appeal.

2. Heard the learned counsel for the petitioner and the learned counsel for the 3rd respondent.

3. Despite the receipt of notice, none represents the respondent Nos.1&2.

4. The learned counsel for the 3rd respondent has no serious objection to allowing the petition.

5. The petitioner would aver that, on account of the road traffic accident, he sustained a neck fracture and has been unable to carry on his work as he did prior to the accident. Due to his health condition, he was not in a position to make arrangements for preferring the Civil Miscellaneous Appeal. Consequently, a delay of 314 days has occurred in filing the Civil Miscellaneous Appeal.

6. Accepting the averments made by the petitioner in the affidavit enclosed with the petition, this Court is inclined to allow this Civil Miscellaneous Petition subject to the condition that the interest for the delay period of 318 days shall stand waived. Accordingly, this Civil Miscellaneous Petition is ordered. 29.04.2026 nvi Page No.1 / 2 https://www.mhc.tn.gov.in/judis

R. KALAIMATHI, J.

nvi C.M.P.No.23349 of 2025 in C.M.A.Sr.No.144580 of 2025 29.04.2026 Page No.2 / 2 https://www.mhc.tn.gov.in/judis