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Madras High CourtCMP/6705/2025ordered

Rose Mary v. Annammal

2025-04-24Honourable Mrs Justice T.V.Thamilselvi4 pages

CMP NO. 6705 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 6705 of 2025 AND SA SR NO. 176052 OF 2024 Rose Mary W/o Late Arumainathan, C/o Dhivya Gana Kumar, D.No.565, Madapalli Madura, Kanamandhur Village, Pudukottai Post, Thirupattur Taluk, Vellore @ now Thirupattur district Appellant(s) Vs Annammal D/o Savuriyappan, Kanamandhur village, Pudukottai post, Thirupattur Taluk, Vellore @ now Thirupattur Dist. and another Respondent(s) SA SR NO. 176052 of 2024 Rose Mary Appellant(s) Vs ANNAMMAL Respondent(s) CMP NO. 6705 of 2025 For Appellant(s):

P.Muthusamy T.Annaamalai

B.Mohan Jawahar For Respondent(s):

R1 - Died R2 - No Appearance SA SR NO. 176052 of 2024 For Appellant(s):

For Respondent(s):

ORDER

This Petition has been filed to condone the delay of 2149 days in filling the above SA.SR.No.176052 of 2024.

2. Heard the learned counsel for the appellant and learned counsel for the respondents. The material available on record has been perused.

3. The learned counsel for the petitioner submitted that the petitioner is about 87 years old. Due to lack of communication, she was unable to follow the proceedings, which resulted in a delay of 2149 days.

4. Notice was served, however none of the respondents appeared. Therefore, this Court is inclined to condone the delay, subject to the

payment of costs.

5. The petitioner / appellant is directed to pay a sum of Rs.2,000/- (Rupees Two thousand only) to the Tamil Nadu Legal Service authority, Chennai. On such payment, the delay of 2149 days in filling the above SA.SR.No.176052 of 2024, stands condoned.

6. Accordingly, this Civil Miscellaneous petition is allowed.

7. Registry is directed to list the above Second Appeal after numbering the same, if they are otherwise in order, on 28.04.2025. 24-04-2025 rri Note: Issue order copy by 25.04.2025 To

1. Rose Mary W/o Late Arumainathan, C/o Dhivya Gana Kumar, D.No.565, Madapalli Madura, Kanamandhur Village, Pudukottai Post, Thirupattur Taluk, Vellore @ now Thirupattur district.

2.The Tamil Nadu Legal Service authority, Chennai. T.V.THAMILSELVI, J.

rri CMP NO. 6705 of 2025 AND SA SR NO. 176052 OF 2024 24.04.2025