Rajanarayanan v. Dhanavalli

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-03-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP No. 4760 of 2025 AND SA SR NO. 10997 OF 2023 Mohankumar (DIED)

1. Rajanarayanan and 6 others Appellant(s) Vs Dhanavalli Respondent(s) PRAYER To condone the delay of 595 days in paying deficit court fees of Rs.9472/- and thus render justice.

For Appellant(s):

Mr. G.K.Sekar

ORDER

This Civil Miscellaneous Petition has been filed seeking to condone the delay of595 days in payment of deficit court fee of Rs.9472/- in the above appeal.

2. Mr.G.K.Sekar, learned counsel for petitioners submitted that the suit was filed seeking for specific performance and paid a court fee of Rs.15,770.25 paise. He would submit that while preferring the above appeal suit, due to inadvertence, the court fee payable was wrongly calculated and court fee of Rs.6278/- was paid. Later, he came to know that deficit court

fee was affixed in the above appeal. However, there is a delay of 595 days in the said payment arose and the said delay caused is neither willful nor wanton, but for the above said reasons. Accordingly, he has filed the above petition.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit seems to be justifiable one, this court is inclined to allow this petition. Registry is directed to number the above Second Appeal if it is otherwise found to be in order and post the matter on 19.03.2025.

03.03.2025 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 4760 of 2025 in S.A.SR.. No. 10997 of 2023 03.03.2025