Anthony Cruse v. Auxilin Vinitha

CMP.No.30003 of 2024 in CMA.SR.No.160123 of 2024 M.DHANDAPANI, J.

This petition has been filed seeking to condone the delay of 385 days in filing the above appeal.

2. Though notice was served and the names of the 1st and 2nd respondents were printed in the cause list, none appeared on their behalf.

3. Notice to the 3rd respondent returned with an endorsement 'unclaimed' and therefore, notice is deemed to be served on the 3rd respondent.

4. Heard learned counsel for the petitioners/ appellants.

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

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

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

31.01.2025 skt https://www.mhc.tn.gov.in/judis