Mr.S.Arunkumar v. A.Kurisil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2025

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN in E.D.Dr.No.35970 of 2020 S.Arunkumar ...Applicant Vs.

A.Kurisil ... Respondent Prayer : This application has been filed under Order XIV Rule 1 of the Original Side Rules read with Section 5 of Limitation Act, praying to condone the delay of 43 days in filing the application against the order dated 14.08.2024 passed by the Hon'ble Master in Application No.4094 of 2024 in E.P.SR. No. 35970 of 2020.

For applicant : Mr.A.Senthil Manohar ----- Application No.3083 of 2025 has been filed seeking to condone the delay of 43 days in filing the application against the order dated 14.08.2024 of the learned Master in Application No.4094 of 2024 in E.P.

D.No.35970 of 2020.

2. In the affidavit filed in support of the Judges Summons, it had been stated that the applicant is residing at Tanjavur and he was not able to come to Chennai to give necessary instructions to the counsel to prepare the appeal against the order of the learned Master. It had also been stated that the case papers are also missing while the Advocate had shifted his office.

3. Notices had been directed in this application. The court notice had been returned unserved with an endorsement that the respondent had vacated the premises. The private notices had also been returned unserved as the respondent had left the premises.

4. It could also be interpreted as deliberate evasion of the receipt of the notice. At any rate, this application had been filed seeking to condone the delay. In the main application, again steps would be directed to the respondents.

5. Taking into consideration of all facts, this application stands allowed and the delay is condoned.

6. Registry to number the application, which is an appeal against the order of the learned Master dated 14.08.2024, if it is otherwise in order.

12.08.2025 Maya

C.V.KARTHIKEYAN, J.

Maya in E.D.Dr.No.35970 of 2020 Dated : 12.08.2025