Moosa v. The Correspondent

C.M.P.No.

of 202 in C.M.A.Sr.No.164021 of 2024 R. KALAIMATHI, J.

This Civil Miscellaneous Petition has been filed to condone the delay of 550 days in filing the above appeal.

2. Heard the learned counsel for the petitioner through Video Conferencing and the learned counsel for the 2nd respondent.

3. Despite the receipt of notice and the name having been printed in the cause list, the 1st respondent neither appeared nor entered appearance through his counsel.

4. The learned counsel for the 2nd respondent has got serious objections in allowing the application as the period of delay is very long.

5. The petitioner would aver that, on account of the accident, the deceased sustained multiple fractures and died at the spot itself. He would further aver that due to financial constraints, delay of 550 days occurred in preferring the Civil Miscellaneous Appeal.

Page No.1 / 2 https://www.mhc.tn.gov.in/judis

R. KALAIMATHI, J.

nvi

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 550 days alone shall stand waived. Accordingly, this Civil Miscellaneous Petition is ordered.

24.04.2026 nvi C.M.P.No.208 of 2025 in C.M.A.Sr.No.164021 of 2024 Page No.2 / 2 https://www.mhc.tn.gov.in/judis