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Madras High CourtCMP(MD)/3712/2021allowed

M.L.S.Chokkaiyan (Deceased) v. Dindigul Municipality

2022-06-22Honourable Mr Justice P. Velmurugan3 pages

S.S.SUNDAR, J.

and S.SRIMATHY , J.

ORDER

[Order of the Court made by S.S.SUNDAR, J.] This petition is filed to condone the delay of 1379 days in filing the above Cross Objection.

2.Heard Mr.G.Gomathi Sankar, learned counsel appearing for the petitioners.

3.Going by the averments made in the affidavit filed in support of this petition, the delay has been properly explained to the satisfaction of this Court. It is to be noted that the appeal filed by the first respondent Municipality is already pending and therefore, no serious prejudice would be caused to the respondent Municipality if the Cross Objection is heard along with the appeal. Further, this Court has already held that the respondents in the appeal, who are claimants before 1/3

the Tribunal are entitled to get more compensation even if no independent appeal or cross objection is filed by the claimants. Since the delay has been properly explained, the petition is allowed. Registry is directed to number the above appeal, if the papers are otherwise in order and post along with A.S.No.186 of 2011. The petitioners are directed to furnish the second set of the papers to the Registry. [S.S.S.R., J.] [S.S.Y., J.] 01.07.2022 sj 2/3

S.S.SUNDAR, J.

and S.SRIMATHY , J.

sj 01.07.2022 3/3