The Civil Court granted condonation of 101-day delay in representing an appeal suit, accepting the explanation that case papers were mixed up in the Government Pleader office. The respondent assented.
Delay of 101 days in representing the appeal suit is condoned.
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CMP.No.7516 of 2019 in AS.(SR).No.61001 of 2019
CMP.No.7516 of 2019 in AS.(SR).No.61001 of 2019
R.MAHADEVAN, J.
Today, this matter is taken up by this Court through Video Conferencing,
CISCO Webex Meet, on account of the pandemic COVID-19.
2.This Civil Miscellaneous Petition has been filed by the petitioner / Special Tahsildar, Land Acquisition Officer, Tirupattur, seeking to condone the delay of 101 days in representing the above Appeal Suit.
3.The challenge made in the appeal is to the order dated 12.10.2015 passed by the learned Special Sub Judge, Vellore, in L.A.O.P.No. 646 of 2013.
4.It is stated by the petitioner / Special Tahsildar, Land Acquisition
Officer, Tirupattur that the appeal was filed on 28.02.2019 with an application to condone the delay and the same was returned for compliance of certain defects. Since the case papers were mixed up with some other bundles in the Government Pleader office, the same could not be represented within the time stipulated by
the Registry. After tracing out the papers, the appeal was represented with a delay of 101 days and hence, the delay occasioned is neither wilful nor wanton, but only due to the said reason.
CMP.No.7516 of 2019 in AS.(SR).No.61001 of 2019
5.Heard Mr.J.Balagopal, learned Special Government Pleader (AS)
appearing for the petitioner/appellant, who reiterated the reasons stated in the affidavit filed in support of this petition.
6.Mrs.S.S.Meenakumari, learned counsel appearing for the
respondent/claimant, who has no objection for condoning the delay in representing the appeal. Further, she appealed to this Court to list the appeal for
final disposal at an early date, as the respondent has not been paid compensation
till date, as awarded by the Court below.
7.Considering the reasons stated in the affidavit filed in support of this
petition and being satisfied with the same, apart from recording the no objection
expressed by the learned counsel for the respondent/claimant, the delay in representing the Appeal is condoned and this CMP is ordered accordingly.
14.07.2020
Note::
Registry is directed to number the condone delay petitions, if the same are otherwise in order, and list the same for hearing on 20.07.2020, after printing the name of the learned counsel for the respondents as M/s.D.Balachander and S.S.Meenakumari.
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CMP.No.7516 of 2019 in AS.(SR).No.61001 of 2019
R.MAHADEVAN, J.
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CMP.No.7516 of 2019
in
AS.(SR).No.61001 of 2019
14.07.2020
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1 issue framed by the court
Whether delay in representing the appeal due to loss of case papers by authorities can be condoned.
RM Special Tahsildar Land Acquisition Officer Tirupattur
Respondent/Claimant
R.MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
