Lalitha v. Pushpa

CMP NO. 957 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2025

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CMP NO. 957 of 2025 in SA.SR.No.168921 of 2024 LALITHA D/o. Late.Kalavakoori Kistama Naidu, Ellappa Naidupettai, Tiruvallur Taluk, Rajammal (Since dead) Ka.Kistama Naidu (Died) Mangammal (Died) and 6 Others Appellant(s) Vs PUSHPA W/o. Chiranjeevi Naidu M.Agaram Village, Sivvada Post, Nagari Taluk, Andhrapradesh State. and 4 Others Respondent(s) For Appellant(s):

M.R. Kapali For Respondent(s):

M/s K A Ravindran For R2 --------

ORDER

This Petition has been filed to condone the delay of 201 days in filling above SA.SR.No.168921 of 2024.

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2. Heard the learned counsel for the appellant, and learned counsel for the respondents and perused the material available in the record.

3. The Learned Counsel for the 2nd Respondent raised objections, stating that the reason assigned by the petitioners were not acceptable.

4. Considering the fact that the original plaintiffs had passed away and their legal heirs had continued the proceedings, denying the opportunity would lead to multiple proceedings. Therefore, this Court is inclined to condone the delay, subject to costs.

5. The petitioners / appellants are directed to pay a sum of Rs.3,000/- (Rupees Three thousand only) to the contesting respondent 2 within a period of two weeks from the date of receipt of a copy of this order. On such payment, the delay of 201 days in filling the above SA.SR.No.168921 of 2024, stands condoned.

6. Accordingly, this Civil Miscellaneous petition is allowed. 2/4

7. Registry is directed to list the above Second Appeal after numbering the same, if they are otherwise in order, on 24.03.2025 and also print the name of Mr.K.A.Ravindran, learned counsel appearing for the 2nd respondent in a cause list.

04.03.2025 rri 3/4

T.V.THAMILSELVI, J.

rri CMP NO. 957 of 2025 in SA.SR.No.168921 of 2024 04.03.2025 4/4